Iowa Family Law

Iowa laws are created and revised by the actions of lawmakers and the courts, as in other states. Click on the links below to learn more information.

1.State statute Iowa State Statute
2. Fault or no-fault (typically when a state allows fault based and no-fault divorce, fault based divorces require no separation period. No-fault
3. Equitable distribution or community property Equitable Distribution
a. Methods of apportionment Iowa 598.21
i. Periera and Van Camp in CA
b. Property distribution factors 598.21, ¶5: length of marriage, property brought to marriage, contribution during marriage (including homemaking and childcare), age and health, contribution to the education, training and increased earning power of other party, earnings capacity, desirability of family home, amount and duration of support payments, pensions, tax consequences, nuptial agreements, other relevant factors.
4. Legal separation? Yes
a. Waiting period/Separation period 90 days, however court can waive due emergency or necessity.
5. Is mediation required No, 598.7
6. Forms used Forms
7. Alimony guidelines and factors Section 598.21A: length of marriage, health of parties, distribution of property, level of education, earnings capacity, feasibility of party seeking to self-support, tax consequences, antenuptial, other factors as seen fit.
Alimony formula None
a. Types Traditional, rehabilitative, reimbursement
b. Term Limits None
Cohabitation
c. Imputing income Yes
d. Change in circumstances Substantial change in circumstances
e. Ceases on retirement
Impute income on early retirement
Early retirement for health reasons is involuntary
f. Definition of income "Ellis v. Ellis, 262 N.W.2d 265 (Iowa 1978)"
8. Child support factors and guidelines Child Support Factors & Guidelines
9. Child support calculator Child Support Calculator
10. Lump Sum  Support allowed?
11. Valuation
a. Valuation date Trial
b. Goodwill divisibility Undecided - In re Hogeland, 448 N.W.2d 678 (Iowa Ct. App. 1989), professional goodwill is related to earnings capacity and generally not considered an asset for distribution. However, it is unclear as to the treatment of enterprise goodwill.
c. Standard of value

Fair market value

d. Discounts Yes - Marriage of Hoak
e. Shareholder/partner agreements
 12. Double dip  
 a. Stock options  
 b. Retirement accounts  
 c. Child support Medical Costs
 13. Key cases  
 14. Premarital agreements  "Uniform Pre-Marital Agreement Act adopted.  Right of spouse to
support shall not be altered by premarital agreement IA ST § 596.5
"
 15. Common law  


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