In Re the Marriage of Huffman

453 N.W.2d 246, 1990 Iowa App. LEXIS 3, 1990 WL 34189
CourtCourt of Appeals of Iowa
DecidedJanuary 25, 1990
Docket89-884
StatusPublished
Cited by7 cases

This text of 453 N.W.2d 246 (In Re the Marriage of Huffman) is published on Counsel Stack Legal Research, covering Court of Appeals 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 Huffman, 453 N.W.2d 246, 1990 Iowa App. LEXIS 3, 1990 WL 34189 (iowactapp 1990).

Opinion

DONIELSON, Presiding Judge.

Dolores Huffman and Clell Huffman were married on March 28, 1946. Five children were born of this marriage, all of whom are now adults. Dolores was born in 1930; Clell was born in 1923.

Following her marriage at age fifteen, Dolores dropped out of high school and acted primarily as a homemaker during the marriage. She subsequently obtained her general equivalency degree, but held only sporadic employment during the course of the marriage. Dolores claims her health is not good and prevents her from seeking meaningful employment. Clell recently retired after thirty-three years of service as a meat inspector for the United States Department of Agriculture. Clell also claims he suffers from health problems preventing him from obtaining future employment.

Following the trial, the district court entered its decree of dissolution. Dolores was awarded the homestead valued at $45,-000 with no encumbrance, personal property valued at $3,000, a 1985 automobile valued at $5,000 with no encumbrance, one-half of the parties’ state income tax refund in the amount of $429, and thirty percent of Clell’s monthly retirement benefits. The decree provided she was to be responsible for $4,134 of the parties’ debts. Clell was awarded the real estate in Batavia which has a value of $15,000 and an encumbrance in the amount of approximately $23,902. He also received the remainder of his lump sum retirement benefits valued at $12,-301.31, his inheritance from his sister’s estate ($14,451), furnishings and lawn equipment worth $1,825, and one-half of the parties’ tax refund. The decree holds Clell responsible for a total of $24,696 of debt. Clell was ordered to pay $500 in attorney fees to Dolores. Dolores has appealed the economic provisions of the decree.

I. Scope of Review. To resolve the issues presented by the. parties, we turn to well-established principles. Our scope of review is de novo. Iowa R.App.P. 4. Although not bound by the trial court’s determination of factual findings, we will give considerable weight to them, especially when considering the credibility of witnesses. Iowa R.App.P. 14(f)(7). Prior cases, though helpful, have little precedential value since we must base our decision primarily on the particular circumstance of the parties presently before us. In re Marriage of Weidner, 338 N.W.2d 351, 356 (Iowa 1983).

II. Alimony. Alimony is an allowance to the ex-spouse in lieu of a legal obligation to support that person. See In re Marriage of Hitchcock, 309 N.W.2d 432, 437 (Iowa 1981). Alimony is not an absolute right; its award depends upon the unique circumstances of each particular case. In re Marriage of Fleener, 247 N.W.2d 219, 220 (Iowa 1976). In making an award of alimony the courts are to consider those factors set forth in Iowa Code section 598.21(3) (1989).

*248 When determining the appropriateness of alimony, a court must consider: “(1) the earning capacity of each party, and (2) present standards of living and ability to pay balanced against relative needs of the other.” Hitchcock, 309 N.W.2d at 431-32. The record in this ease reveals Clell’s only substantive source of income after the dissolution would be his retirement benefits. As division of these benefits is regarded as the division of marital property, In re Marriage of Mott, 444 N.W.2d 507, 510 (Iowa App.1989), they do not constitute a resource from which alimony may be derived in this case. In light of the fairly equal division of property in this matter and Clell’s limited potential for future employment, an award of alimony was not warranted in this case.

III. The Property Award. The criteria governing the division of marital property are contained in Iowa Code section 598.-21(1) (1989). The determination as to what constitutes an equitable property division cannot be reduced to a precise mathematical formula. The courts strive to make a just and equitable award under the unique circumstances of each case. Among the factors to be considered are the parties' respective incomes, educations, and earning capacities; the length of the marriage; the contributions and sacrifices made by each toward the acquisition of the property during the marriage; the sources of the property; the respective parties’ needs; their social position and living standards both before and during the marriage; their physical and mental health and life expectancies; the tax consequences to each party; and such other factors as may reasonably enter into any division. See In re Marriage of Wallace, 315 N.W.2d 827, 830 (Iowa App.1981).

This was a marriage of forty-three years and we recognize the contributions made by each party. Clell provided financially for the family while Dolores maintained their home and raised their five children. See Iowa Code § 598.21(l)(c) (1989) (courts are to recognize contributions of homemaking and child care services).

Dolores contends the district court’s property division is inequitable in several respects. She claims Clell’s inheritance from his sister should have been subject to division. Inherited property is not subject to a property division except upon a finding that refusal to do so would be inequitable. Iowa Code § 598.21(2) (1989). The circumstances of this case do not warrant deviation from the general rule, and the district court correctly awarded Clell his 1988 $14,-457 inheritance from his sister. 1

Dolores claims the district court erred in not awarding her more of Clell’s pension benefits. Pension benefits are treated as marital property, In re Marriage of Howell, 434 N.W.2d 629, 631 (Iowa 1989), and are subject to equitable distribution. Mott, 444 N.W.2d 507, 510 (Iowa App.1989); Iowa Code § 598.21(l)(i). Several schemes for the distribution of pension benefits have been devised, Mott, 444 N.W.2d at 510-11, but the overriding principle found in each is to ensure that a spouse receives an equitable share of a pension which is accumulated during the course of the marriage. See generally Howell, 434 N.W.2d at 633; In re Marriage of Curfman, 446 N.W.2d 88, 90 (Iowa App.1989).

Clell’s pension is derived from thirty-three years of employment.

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453 N.W.2d 246, 1990 Iowa App. LEXIS 3, 1990 WL 34189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-huffman-iowactapp-1990.