Carr Law Firm P.L.C.

Call Us Today For A Free Consultation: 515-259-1389

Your Guides Through The Legal Process

What happens to property in an Iowa divorce

Property division can be a major area of contention for divorcing couples. It can help to understand the basic approach the court will take when making decisions. However, each case is different, and unique circumstances can lead to an atypical determination.

Of course, couples may address property division outside of litigation. A prenuptial agreement can determine a plan for specific assets. Couples may also use mediation and other alternative dispute resolution strategies to come to an agreement. In most cases, the court will grant approval, but the law does not require them to do so.

Equitable distribution

Iowa is an equitable distribution state. This means that the court will not necessarily divide marital property in half. Judges evaluate a number of factor to establish a plan that is fair to both parties.

Factors judges evaluate

Important statutory factors include the length of the marriage, the tax effects of keeping or transferring an asset, which spouse acquired the asset and the relative contributions of the spouses to the marriage. Courts also consider the efforts and career sacrifices one spouse might have made to enable the other to progress.

Another important factor is each spouse's relative earning capability, which can depend on age, health, education, experience and child care responsibilities. Courts also weigh ongoing child care, custody arrangements and support.

Marital and separate property

Generally, most property either spouse acquired during marriage is considered marital property and is therefore subject to division. Some property acquired before marriage is also considered marital. However, separate gifts or bequests are separate property, as are Social Security and veterans benefits. Pensions, on the other hand, are marital property and may require a Qualified Domestic Relations Order if the court decides to give the other spouse a portion of the benefits.

Debt

Judges adopt a similar approach to dividing marital debt. Even if a judge deems one spouse solely responsible for a debt, the lender may still be able to pursue repayment from both spouses.

No Comments

Leave a comment
Comment Information
  1. “Bryan always put me and my situation first. He continued to show me all options available throughout the process. He always took the time to explain my options to me and gained my understanding. He was professional at all times and truly cares about his clients. I would recommend him to anyone needing representation. Thank you, Bryan!”

    – Jennifer H.

  2. “I would highly recommend Mr. Carr as he is professional, thorough, patient, and a man to be trusted. I was treated with respect by everyone in the office and was given monthly detailed invoices accounting for all times.”

    – Kathy M.

  3. “5 stars, easy to communicate with, office was easy to deal with and great service.”

    – Kaedon V.

  4. “Mr. Carr was very easy to talk to and was very understanding of my situation, I will highly recommend him to anyone who may need his services in the future.”

    – Jason H.

Email Us For a Response

Schedule Your Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

For legal guidance through family law, criminal defense, personal injury or other issues,

call 515-259-1389 for a free consultation today.

Carr Law Firm P.L.C.
300 Walnut Street
Suite 140
Des Moines, IA 50309

Phone: 515-259-1389
Fax: 515-875-4869
Des Moines Law Office Map

map