Going through a divorce at any time in your life, is a very stressful and difficult situation for both parties, especially when there are children involved who are affected by the divorce process. In this article, we will be giving an overview of Iowa Family Law pertaining to divorce, child custody, child support, and maintenance (spousal support) in 2024 since there has been no significant updates to Iowa Family law this year.
To learn more about the divorce processes in Iowa read our article, How Hard Is It To File For Divorce in Iowa?
Protecting Yourself Before Divorce What Are Your Options?
One way to ensure that you and your spouse will be on the same page as far as agreeing upon terms of a divorce is to enter into a prenuptial agreement before the marriage, which will lay out the terms and conditions of the divorce. It is important to note that you cannot contract out of child support obligations through a prenuptial agreement. A postnuptial agreement is an agreement entered into by both spouses after the marriage which lays out the terms and conditions of the divorce, again you may not contract out of child support obligations in either prenuptial or postnuptial agreements. Learn what to do if you are served and answering a divorce petition.
Equitable Distribution
Iowa is a state that recognizes equitable distribution among the spouses who are divorcing to divide property among spouses upon divorce. Equitable distribution simply means that the court will divide the property among the spouses according to what is fair. The Iowa court will look at many factors in considering equitable distribution among spouses who are divorcing. Orders for Disposition of Property Section §598.21 (5) Division of property. The court shall divide all property, except inherited property or gifts received or expected by one party, equitably between the parties after considering all of the following:
- The length of the marriage
- Property brought into the marriage by each spouse
- Their respective contributions to the marriage
- Both spouses’ age and health
- Earning capacities
- Any property agreements in writing
- Other pertinent factors
Learn how long a divorce typically takes in Iowa in our recent article: How Long Does It Take To Get Divorced In Iowa?
Separate Property Vs. Marital Property in Iowa
You may be wondering what is separate property compared to the marital property? In Iowa, separate property is property of one of the spouses that were: (1) An inheritance that one of the spouses received during the marriage or (2) a gift that one of the spouses received during the marriage. All other property, assets, and debts, from the point of marriage onwards, are considered marital property and will be distributed accordingly during the divorce process under Iowa equitable distribution law principles. It is important to note that in Iowa if the spouses “comingle” their separate property such as a gift, the court may then decide to treat that property as marital property and distribute it accordingly.
Changes to Child Support in Iowa
In Iowa, the courts will look mainly to the best interests of the child and the financial need of the child in determining a child support order among the spouses. Both spouses’ incomes determine the amount that one spouse will pay in child support to the other spouse. The Iowa courts recognize the fact that both parents have a continuing duty to support their children financially based upon the amount of income they make through employment. Iowa courts utilize the Iowa Supreme Court Child Support Guidelines in the calculation of child support.
There are other factors the court will use to determine a child support order the Iowa court uses a child support guidelines worksheet to compute the proper amount of child support. For informational estimating purposes only, The Iowa Department of Human Services has an Iowa Child Support Estimator that you can utilize to estimate your child support payments here.
Do I Have To Provide Medical Care And Coverage To My Child?
Federal law requires all states including Iowa to establish medical care and coverage in all child support orders, see more 252E.1A Establishing and modifying orders for medical support the bottom line is that parents must provide medical coverage for their children.
Recent Changes to Child Custody in Iowa
Iowa will look to the best interests of the child when determining a child custody order. Legal custody can be defined as a parent's rights and responsibilities to their child/children these include the parent's right to determine their child/children's medical care, educational, religious, and all other decisions for the child. Iowa courts have the discretion to award sole or joint legal custody to the parents.
Joint custody is when parents share time watching over the children. Sole custody is when one parent is better fit to take care of the child. Ultimately, the Iowa courts will always make child custody determinations for and in the best interest of the child/children. The Iowa courts try as best as possible to allocate time for both parents to be in their child/children's lives, unless doing so would place the child in danger either physically mentally or emotionally.
There are many factors that the Iowa courts will consider determining what is in the best interest of the child/children, Under Iowa Code 598.41 Custody of Children (3)(2) In considering what custody arrangement under subsection 2 is in the best interest of the minor child, the court shall consider the following factors:
- Whether or not each spouse would be a suitable guardian for the child
- Whether the child will suffer emotionally mentally or psychologically due to lack of contact communication or attention from one or both parents
- Whether the parents can communicate effectively amongst each other regarding the child’s needs
- Whether the parents can effectively care for the child before and after the separation
- Whether each parent can support one another’s relationship with the child
- Taking into consideration the wishes of the child regarding which parent the child prefers to live with, and the child’s age and maturity
- Whether both parents are in agreement regarding custody of the child or not
- The location of where each parent is located
- Looking at the best interests of the child whether the safety of the child would be in danger by awarding both parents joint custody, unsupervised visitation, or unrestricted visitation
- Whether or not there is a history of violence or domestic abuse amongst the parents. Whether or not there has been a protective order granted against a parent which prevents abuse
- Whether one of the parents is a registered sex offender
Read our recent article to learn about Calling Witnesses in Iowa Divorce and Child Custody Cases.
Are My Retirement And Pension Accounts Marital Property?
Retirement and pension accounts acquired by one or both spouses during the marriage, are considered by Iowa courts to be marital property, which will be subject to equitable distribution legal principles in the spouses’ divorce case. After the judgment of divorce is entered by the court, one of the spouses’ attorneys will create what is known as a Qualified Domestic Relations Order (“QDRO”) after this order is drafted it will be submitted to the court for approval. The QDRO will lay out the terms and conditions of the pension and retirement funds allocation between the spouses. The QDRO will also include the percentage amounts of the pension/retirement account that each spouse will be entitled to. If any disputes arise pertaining to the pension or retirement accounts after the divorce judgment is entered or after the QDRO is entered by the court, either spouse may bring the issue before the court for enforcement.
What Is Spousal Support And When Is It Awarded?
Under Iowa law there are three different types of spousal support (formerly known as alimony):
1. Traditional support which are payments from one spouse to the other who are unable to support themselves financially due to the marriage, old age, sickness, or other relevant reasons. The Judge will usually only award traditional award payments to marriages that are long-term in which one spouse primarily relied on the other spouse for financial support for many years. This type of long-term support is usually permanent unless, the spouse receiving the support remarries or their life circumstances change, such as cohabitating with another significant other.
2. Rehabilitative support is a temporary spousal support measure that a Judge will allow on a temporary basis to "rehabilitate" one spouse and in essence get them back on their feet, the Judge will not award this short-term spousal support on a long-term basis and will usually be of short duration.
3. Reimbursement spousal support is rare in Iowa but is used in the Judge’s discretion, when one spouse supported the other spouse to obtain education or advancement in their career path. The Judge will take into consideration and weigh many factors to determine is spousal support is appropriate:
- how long the marriage lasted
- the spouses ages and physical and emotional status
- the outcome pertaining to property division that transpired in the divorce
- the spouses educational background and earning capacities at the time of divorce.
- any agreements entered into concerning the spouses.
- any other facts the court determines to be relevant.
Summary
In conclusion, navigating the intricacies of divorce laws in Iowa can be complex. However, understanding the key aspects of the divorce process, from filing procedures to property division, child and spousal support, and post-divorce modifications, can make the journey less daunting. Remember, every situation is unique and it’s essential to seek professional advice tailored to your specific circumstances. You’re not alone in this journey. With the right knowledge and support, you can navigate this challenging time with confidence and dignity.
Frequently Asked Questions
Is Iowa a 50 50 state when it comes to divorce?
No, Iowa is not a 50-50 state when it comes to divorce. Instead, it follows the concept of "equitable distribution" to divide marital property, considering each party's contributions and what the court deems fair.
How long do you have to be separated to get a divorce in Iowa?
In Iowa, there is a 90-day waiting period between filing for divorce and when the divorce could be legally granted, but there are no specific legal separation requirements.
Does it matter who files for divorce first in Iowa?
It does not matter who files for divorce first in Iowa as there is generally no difference or advantage. The party filing will pay a filing fee of $265 to the Clerk of Court, which may be considered as part of the court costs.
How long do you have to be married in Iowa to get alimony?
In Iowa, a marriage of 20 years or longer is typically considered the threshold duration for traditional alimony.
Who gets the home in Iowa divorce?
In Iowa, the home in a divorce is divided based on the concept of "equitable distribution," where the court considers each party's contribution to the marriage and divides the assets and debts accordingly. This aims to achieve a fair division of property.
Divorce is a complicated and emotional process, but you don’t have to go through it alone. Our attorneys are here to help you every step of the way to get the most favorable outcome out of your divorce. If you would like to schedule a consultation with one of our attorneys, give us a call at (630)-324-6666 or fill out our confidential intake form, and a member of our team with contact you.
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