In Re the Marriage of Cook

205 N.W.2d 682, 1973 Iowa Sup. LEXIS 983
CourtSupreme Court of Iowa
DecidedMarch 28, 1973
Docket55060
StatusPublished
Cited by20 cases

This text of 205 N.W.2d 682 (In Re the Marriage of Cook) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Marriage of Cook, 205 N.W.2d 682, 1973 Iowa Sup. LEXIS 983 (iowa 1973).

Opinion

REES, Justice.

Respondent-husband, Robert H. Cook, appeals from the provisions of a decree entered in a dissolution of marriage proceedings under chapter 598, The Code, 1971, having to do with the allowance of alimony and division of property.

Parties were married May 28, 1947, while both were attending Drake University at Des Moines; petitioner was then a sophomore and respondent a junior at the University. Petitioner’s family home was in Springfield, Missouri, and respondent’s was Milwaukee, where his family owned a *683 majority interest in a photo-finishing and postcard business known as L. L. Cook Company. Respondent’s father had founded a similar business in Mason City, Iowa, in 1919 known as Co-Mo Photo Company.

Both parties were 24 years of age at marriage, and were 48 years old at the time of the entry of the decree of dissolution. Two daughters were born as the issue of the marriage, one born November 27, 1953, and the second born September 28, 1958.

At the time of the marriage both parties abandoned their academic pursuits and moved to Milwaukee, where they took up residence with respondent’s parents for about a year. Respondent entered the employ of L. L. Cook Company and was on the road taking photographs for use on postcards and calling on accounts. Petitioner traveled with him and helped with his work for a few hours of each week.

Some time in the late 1950’s respondent left his father’s employ and obtained employment as a manufacturer’s representative in the lighting field, but in 1961 Co-Mo Photo Company in Mason City was opening a new color plant and respondent was requested by his father to take over the management of the same. In 1969 both L. L. Cook Company and Co-Mo Company were sold to General Analine & Film Corporation, but respondent continued as general manager at the Co-Mo plant under terms of a contract with the purchaser.

A detailed review of the record with respect to the marital difficulties of the parties would serve no useful purpose here. Certainly the record abundantly establishes the trial court was justified in finding as it did there had been a breakdown of the marriage relationship to the extent the legitimate objects of matrimony had "been destroyed, and there remained no likelihood the marriage could be preserved. We reach the same conclusion from our de novo review of the record in the light of our present “no-fault” approach to dissolution of marriages as is now incumbent upon us under the provisions of chapter 598, The Code, 1971, and our pronouncements recently in In re Marriage of Williams, 199 N.W.2d 339 (Iowa 1972).

The record indicates that at the time of the marriage of the parties the petitioner had no property or funds in her own right, and in fact brought nothing in to the marriage relationship out of her own earnings or by way of inheritances or otherwise. Trial court, in its findings of fact, indicated respondent at the time of the marriage had assets of a value of less than $1,000, although the record indicates respondent testified he had accumulated property of a value of from four to nine thousand dollars, and later testified he felt $5,000 would be a fair figure to indicate the value of his property at the time of the marriage. Trial court, in its findings of fact, found respondent had a net worth at the time of trial of $522,522.21, and that petitioner had a net worth comprised in the main of stocks which had been given to her by respondent of the value of $12,592.-50. These findings are adequately supported by the record.

Trial court awarded a petitioner a Buick stationwagon of a value of $2200, the household furnishings of the parties with an estimated value of $7500, decreed that she be the sole owner of the stocks in her possession which had been given her by respondent of an approximate value of $12,592.50, and directed respondent to pay to petitioner within 30 days from the entry of the decree the sum of $162,545.73.

Trial court further ordered and decreed that beginning July 1, 1971 the respondent should be required to pay to petitioner as continuing periodic alimony the sum of $600 per month, and a like sum on the first day of each month thereafter during the lifetime of petitioner unless the petitioner remarried, in which event such alimony payments were to cease.

The court further awarded the custody of the minor children of the parties to petitioner, and directed respondent be re *684 quired to pay the sum of $250 per month support for each of the two children; such awards to terminate as each child attained the age of 19 years or graduated from high school, with the further proviso that if either or both of said children desired to pursue a course of higher education that respondent should pay such additional sums as might be reasonably incurred in connection with the cost of educating said child or children.

Respondent states three propositions upon which he relies for reversal:

(1) Review of a judgment granting a dissolution of marriage, determining property rights, and ordering alimony payments is de novo;

(2) The trial court awarded to petitioner alimony in excess of that justified; and

(3) The trial court awarded to petitioner property in excess of what was justified.

In his written brief and argument, respondent assigned two other propositions which we need not consider here as the same were abandoned by counsel for respondent at the time of oral argument.

I. We agree with respondent’s first proposition that our review is de novo; it is our duty to examine the whole record and adjudicate rights anew on those propositions properly presented, provided issue has been raised and error, if any, is preserved in the course of the trial proceedings ; while we give weight to the findings of the trial court, we will not abdicate our function as trier de novo on appeal. In re Williams, supra, 199 N.W.2d at 346; In re Estate of Cory, 184 N.W.2d 693, 695 (Iowa, 1971); Baker v. Starkey, 259 Iowa 480, 490, 144 N.W.2d 889, 895.

II. We have considered respondent’s second proposition in which he contends trial court awarded petitioner alimony in excess of that justified.

This court has repeatedly taken the position that in resolving the troublesome problems inherent in awarding alimony and effecting a distribution of property rights, many factors must be considered. Gerk v. Gerk, 158 N.W.2d 656 (Iowa, 1968), and citations. We have also consistently held precedents are of little value and that any determination as to what is right is dependent upon the facts of each case. Cooper v. Cooper, 259 Iowa 277, 282, 144 N.W.2d 146, 149; Lessenger v. Lessenger, 258 Iowa 170, 172, 138 N.W.2d 58, 61.

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Bluebook (online)
205 N.W.2d 682, 1973 Iowa Sup. LEXIS 983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-cook-iowa-1973.