Alimony

Alimony can be awarded to either a husband or a wife for a limited or indefinite length of time.  In Iowa, there are three different kinds of alimony – Traditional, Rehabilitative and Reimbursement.  Traditional alimony continues as long as the dependent spouse lives and remains unmarried.  It is generally awarded after a long marriage where one spouse has been dependent on the earning efforts of the other spouse, has a mental or physical disability, does not have the ability to become self-sufficient, or has a substantially lower earning capacity.  Rehabilitative alimony is designed to allow the recipient spouse to become self-supporting and is for a shorter, defined period of time. Finally, Reimbursement alimony is ordered where one spouse assisted the other to obtain an advanced degree, professional license or otherwise supported their career advancements. Typically, Traditional and Rehabilitative alimony terminate when the recipient remarries or dies, but Reimbursement alimony does not terminate upon remarriage.

 

Pursuant to Iowa Code Section 598.21A(1), in entering an alimony award the Court will take into consideration the following:

 

a.  The length of the marriage;

    

b.  The age and physical and emotional health of the parties;

    

c.   The distribution of property made pursuant to section
598.21;

    

d.  The educational level of each party at the time of
marriage and at the time the action is commenced;

    

e.  The earning capacity of the party seeking maintenance,
including educational background, training, employment skills, work
experience, length of absence from the job market, responsibilities
for children under either an award of custody or physical care, and
the time and expense necessary to acquire sufficient education or
training to enable the party to find appropriate employment;

 

f.   The feasibility of the party seeking maintenance becoming
self-supporting at a standard of living reasonably comparable to that
enjoyed during the marriage, and the length of time necessary to
achieve this goal;

 

g.  The tax consequences to each party;

 

h.  Any mutual agreement made by the parties concerning
financial or service contributions by one party with the expectation
of future reciprocation or compensation by the other party;

 

i.   The provisions of an antenuptial agreement; and

 

j.   Other factors the court may determine to be relevant in an
individual case.