Alimony is a stipend to a spouse in lieu of the other spouse's legal obligation for support. Whether a court decides to award alimony depends on the circumstances of each particular case.
Courts will examine certain factors, as follows:
- The length of the marriage;
- The age and physical and emotional health of the parties;
- The distribution of property;
- The educational level of each party at the time of marriage and at the time the action is commenced;
- 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;
- 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;
- The tax consequences to each party;
- 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;
- The provisions of an antenuptial agreement; and
- Other factors the court may determine to be relevant in an individual case.
Iowa Recognizes Three Different Types of Alimony
Traditional alimony is payable for a long term so long as the recipient spouse is incapable of self-support.
Rehabilitative alimony is intended to help support an economically dependent spouse through a limited period of re-education, creating an incentive for that spouse to be self-supporting.
Reimbursement alimony is intended to reimburse one spouse for certain economic sacrifices made that directly enhances the future earning capacity of the other.
Dickinson's family law attorneys are knowledgeable in the laws concerning alimony and will work with you to analyze the facts and circumstances of your individual case to support or refute an alimony claim. We will assess your monthly expenses and engage experts to prepare charts that may aid in presenting your case in the best possible manner.