In Re the Marriage of Sjulin

431 N.W.2d 773, 1988 Iowa Sup. LEXIS 304, 1988 WL 124269
CourtSupreme Court of Iowa
DecidedNovember 23, 1988
Docket87-1692
StatusPublished
Cited by29 cases

This text of 431 N.W.2d 773 (In Re the Marriage of Sjulin) 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 Sjulin, 431 N.W.2d 773, 1988 Iowa Sup. LEXIS 304, 1988 WL 124269 (iowa 1988).

Opinions

ANDREASEN, Justice.

This is an appeal from the district court order that modified the alimony provisions of the dissolution decree. The court of appeals reversed the district court and found the petitioner had failed to sustain her burden to show a material change in circumstances had occurred since the dissolution was granted. Upon further review, we vacate the court of appeals ruling and affirm the district court order.

[775]*775 I.Background.

The parties’ marriage of thirty-two years was dissolved in August of 1982. The dissolution decree approved and incorporated the terms of a stipulation between the parties. The decree ordered the sale of the parties’ home, the major marital asset, and provided for the division of the net proceeds from the sale and all other remaining property. It also ordered the respondent, Richard Lesley Sjulin (Richard), to pay alimony to the petitioner, Ruth Elizabeth Sju-lin (Elizabeth). The decree provided

Respondent shall pay to petitioner as alimony the sum of $175 bi-weekly, commencing August 13, 1982, and continuing bi-weekly thereafter until the house of the parties is sold, whereupon alimony shall decrease to the sum of $100 biweekly for five (5) years. This court retains jurisdiction to review this matter at the end of five years based on the respective financial conditions of the parties.

In May of 1987 Elizabeth filed an application for modification of the dissolution decree. The application alleged that she continued to need alimony for her support and asked that alimony be continued at its present rate. She later amended the application to request alimony at the rate of $200 bi-weekly, attorney fees and costs. Richard denied the allegation and asked that the application be dismissed. The application was heard by the district court in August of 1987.

The court filed its rulings and order on November 10, 1987. It found there had been a substantial and material change of circumstances since the dissolution decree was entered. The court ordered

that the alimony shall continue at the rate of $100 bi-weekly commencing November 1, 1987, and continue until Petitioner Ruth Sjulin remarries or dies, or upon the death of Richard, whichever event should first occur.

Richard appealed from this ruling and order.

The court of appeals concluded the dissolution decree could be modified only upon a proper showing of a change of circumstances. It held Elizabeth failed to sustain her burden to show a change of circumstances and it reversed the district court. Elizabeth then filed her application for further review and asked that the district court allow her alimony and that the amount be increased to $125 bi-weekly. She also made application for allowance of appellate attorney fees. We granted further review.

II. Alimony.

The term alimony usually and technically means an allowance for spousal support and is distinguishable from property division and child support. Brin v. Brin, 240 Iowa 659, 661, 37 N.W.2d 261, 262 (1949). A division of property has for its basis the spouse’s right to a just and equitable share of that property which has been accumulated by the parties as a result of their joint efforts during the years of the marriage to serve their mutual needs. Knipfer v. Knipfer, 259 Iowa 347, 353, 144 N.W.2d 140, 143 (1966). Alimony is an allowance to the spouse in lieu of the legal obligation for support. See In re Marriage of Hitchcock, 309 N.W.2d 432, 437 (Iowa 1981). Alimony is not an absolute right. See In re Marriage of Maskel, 225 N.W.2d 115, 120 (Iowa 1975). We have previously stated:

When the court awards alimony, however, it refuses to wipe clean the marital slate. The court determines, instead, the husband has a continuing support obligation and the lots of the parties are to this extent still bound together. The reach of that obligation may vary with the financial fates of the parties, but the obligation has been created and it survives the marriage.

In re Marriage of Carlson, 338 N.W.2d 136, 140 (Iowa 1983).

III. Need to Show Substantial Change in Circumstances.

Both the trial court and the court of appeals concluded Elizabeth must establish a substantial change in circumstances before the court could modify the alimony provision of the dissolution decree. Iowa Code section 598.21(8)(1987) provides that

[776]*776“[t]he court may subsequently modify orders made under this section when there is a substantial change in circumstances.” The statutory authorization for modification based upon a change in circumstances has existed for over 100 years. See In re Marriage of Marshall, 394 N.W.2d 392, 397 (Iowa 1986) (Larson, J., dissenting). We have long recognized the well-established rule that the modification of an alimony award is proper only when there has been a material and substantial change in the circumstances of the parties making it equitable that different terms be fixed. See In re Marriage of Glass, 213 N.W.2d 668, 671 (Iowa 1973).

Elizabeth argues under the terms of the dissolution decree that she is only required to show that she still needs alimony. She urges the language of the decree expresses a clear intent that the court retain jurisdiction to modify the alimony provision without the necessity of showing a change of circumstances. As authority for an exception to the general rule, she cites the case of In re Marriage of Schlenker, 300 N.W.2d 164 (Iowa 1981). In Schlenker, we expressed our distaste for decrees that retain jurisdiction to review alimony, child support, or custody. While retention of jurisdiction is discouraged, it is not forbidden. Id. at 165. Only when the decree unequivocally provides for later trial court review without the necessity of showing a change of circumstances will we find this was the court’s intent. Id. at 166. In Schlenker the trial court ordered the respondent to pay alimony until March 31, 1982. The decree further provided:

The court shall retain jurisdiction so as to review the provision concerning alimony at the end of two years from the date of filing.

We held the language of the decree was final and could be modified only upon a proper showing of a change of circumstances.

The language of the Schlenker decree is similar to the language in the present case. We agree that the decree does not unequivocally provide for later court review without proof of a change of

circumstances. We again express our reluctance to recognize piecemeal decrees.

IV. Proof of Substantial Change in Circumstances.

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431 N.W.2d 773, 1988 Iowa Sup. LEXIS 304, 1988 WL 124269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-sjulin-iowa-1988.