What Is a Wife Entitled to in a Divorce in Iowa?

Entering a divorce can be an extremely complicated and emotional process, especially when it comes time to determine what spouse is legally entitled to receive specific assets. It leads many to ask, what is a wife entitled to in a divorce in Iowa?

While the state does not automatically favor one spouse over the other, a wife may be entitled to a fair share of the marital assets and qualify to receive spousal support payments. Hiring a Mason City divorce attorney can help ensure your rights are protected during divorce proceedings.

Iowa’s Equitable Distribution Law

The state of Iowa operates under an equitable distribution model. This means that when a married couple decides to divorce, they will split marital assets and debts fairly. A 50/50 split may not always be what is most fair. Unlike community property states where all assets are split down the middle, Iowa takes into account each spouse’s financial status, what contributions they made to the marriage, and what their future earning potential is.

What Counts as Marital Property in Iowa?

Sometimes, it can be unclear what marital property is and is not. Marital property that is up for division can include:

• The home the married couple lived in
• Bank accounts and investments
• Retirement accounts and pensions
• Vehicles
• Any businesses that started during the marriage

Any assets that were acquired before the marriage was official are considered separate property. These assets will remain with each individual as long as there is no evidence the separate property has been commingled with marital funds. For example, if an inheritance one spouse received before the marriage was placed in a joint checking account to use for household expenses, this may deem those funds as a shared asset.

When the court is trying to determine how to divide the assets fairly, they will take the following into consideration:

• The length of the marriage, as longer marriages will often lead to a more even distribution of assets.
• Each spouse’s contributions to the marriage. This does not always mean only financial contributions, as the court will also consider contributions such as spending time raising the children or making personal sacrifices to support the other spouse’s career.
• Future financial stability, particularly if one spouse is less likely to be able to support themselves on their own.
• If any prenuptial agreements exist, these can dictate how assets should be handled in the event of a divorce.

Spousal Support Eligibility

The system of spousal support, otherwise referred to as alimony, is not automatically awarded for every Iowa divorce. Rather, it is reserved for the circumstances when there is a significant income disparity between both spouses. The overall goal of awarding spousal support is to bridge this gap and help the lower-earning spouse maintain financial stability as they move forward.

There are a few different types of spousal support in Iowa, including:

• Temporary alimony: This can help provide much-needed financial support during the divorce proceedings to help the lower-earning spouse cover immediate expenses as part of their transition.
• Rehabilitative alimony: This is one of the more common forms of spousal support. It is granted to help a lower-earning spouse gain job skills and education to become self-sufficient. It is typically awarded for a fixed period.
• Permanent alimony: While a permanent alimony arrangement is rare, it can be granted for long-term marriage where the lower-earning spouse is unlikely to ever become financially independent again. This can be due to their age, disability, or if they were unemployed for a long time to help raise a family.

How the Court Determines Alimony

When deciding whether or not to award alimony in a specific divorce case, the court considers many different factors. The length of marriage is the primary consideration, as the longer a couple has been married, the more they depend on one another for financial stability. Each spouse’s education and earning level are also taken into account, as this can indicate what capabilities each spouse has to make their own living afterward.

FAQs

Q: Who Keeps the House in a Divorce in Iowa?

A: There are many different factors that will influence who gets to keep the house after a divorce in Iowa. The court can consider who is on the home’s deed, who primarily lives there, and what is considered fair when considering all other shared assets under equitable distribution laws. If the house was acquired during the marriage, it will likely either be awarded to one spouse or sold, and the proceeds would be divided fairly.

Q: Can a Wife Stay in the Marital Home During the Divorce Process?

A: Yes, it is possible for a wife to stay in the marital home during the divorce, depending on the circumstances of the case. If the divorce is amicable, the couple may decide amongst themselves who stays in the home and if one of them should move out temporarily. If there is a conflict or safety concern, the court may issue a temporary order that allows one spouse to stay in the home while the other needs to leave until the legal case is over.

Q: Can a Wife Keep Her Own Retirement Savings in a Divorce?

A: Retirement savings and pensions that have been accumulated during the marriage are typically considered marital assets. This means they can be divided between both spouses. If a wife entered the marriage with a retirement account that already had a balance, only any additional contributions that were made to it during the marriage would be up for division. If both spouses have their own accounts, it’s possible they can both keep their own.

Q: What Happens If One Spouse Hides Assets During the Divorce?

A: If it has been brought to the court’s attention that one spouse has attempted to hide money or property to avoid sharing them as part of a divorce, they have the authority to take action. This could be issuing penalties, fines, or an unfavorable ruling for the individual who tried to hide something. A forensic accountant might be brought in to see if anything else was hidden. The court will view this behavior negatively and may reduce their share of marital property.

Contact McGuire Law, PLC Today

If you are in the process of divorce and have questions about what you are entitled to, contact our law firm today.