In Re the Marriage of Van Regenmorter

587 N.W.2d 493, 1998 Iowa App. LEXIS 66, 1998 WL 918212
CourtCourt of Appeals of Iowa
DecidedOctober 29, 1998
Docket97-1628
StatusPublished
Cited by1 cases

This text of 587 N.W.2d 493 (In Re the Marriage of Van Regenmorter) 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 Van Regenmorter, 587 N.W.2d 493, 1998 Iowa App. LEXIS 66, 1998 WL 918212 (iowactapp 1998).

Opinion

SACKETT, C.J.

Respondent-appellant Peter Van Regen-morter challenges the economic provisions of the dissolution decree dissolving his marriage to petitioner-appellee Carmen Van Regen-morter. Peter contends the provisions made by the district court are contrary to the parties’ prenuptial agreement and not justified when viewed in the context of the short-term marriage. We affirm as modified.

Carmen and Peter were married in 1991. The marriage, the second for both Carmen and Peter, was childless. Prior to the marriage, the parties executed a prenuptial agreement detailing each would maintain his or her separate property. Additionally, the agreement provided should the marriage be dissolved they (1) agreed to make no claim to the other’s separate property, (2) waived rights to alimony or spousal support, and (3) agreed to pay their own attorney fees. The agreement provided assets and liabilities acquired jointly or separately during the marriage should be divided equally unless the assets or liabilities are traceable to a corporation, Van Regenmorter Land & Livestock, Inc., in which case the assets should be Peter’s and the liabilities should be his sole responsibility.

Attached to the agreement was Peter’s financial statement showing he has assets of over $1,780,000 and debts of about $525,000, for a net worth of about $1,250,000. Carmen, at the time of marriage, was a nurse’s aide in a nearby hospital. She had assets of less than $1000 and debts of about $4000.

Carmen’s challenges to the fairness in the execution of the prenuptial agreement were dismissed by the district court and the agreement was upheld. Carmen has neither cross-appealed nor filed an appellate brief. Because Carmen did not file a brief, we confine our consideration to issues raised in Peter’s brief. Jefferson County v. Barton-Douglas Contractors, Inc., 282 N.W.2d 155, 157 (Iowa 1979). We, therefore, accept the district court’s ruling the agreement should be upheld.

The district court, in dissolving the marriage, ordered Peter to pay Carmen $350 a month in spousal support to continue until any of the following events occur: the death of either party, Peter attaining the age of sixty-five years, the marriage of Carmen, or if Carmen cohabits with an unrelated male. The court further ordered Peter to pay Carmen $15,000 and found Carmen should receive the following property: real estate in Nicaragua, proceeds from the sale of a duplex in Sioux Falls, all of her jewelry, any furnishings and appliances now in her possession, her pension at Sioux Valley Hospital, and certain items of personal property, including a 1992 Buick Riviera. All other property was ordered to remain with Peter. Peter and Carmen were each ordered to pay *495 their own attorney fees and half the court costs.

Peter contends the spousal support was not justified when considered against the prenuptial agreement provision waiving support and the fact the parties lived together, as the district court found, for only twenty months of the five-year marriage.

Prior to 1980, a provision in a prenuptial agreement waiving alimony was void as against public policy. See Vande Kop v. McGill, 528 N.W.2d 609, 613 (Iowa 1995). In 1980, Iowa Code section 598.21 was amended by adding subsection 1(l) 1 and 3(i) 2 to provide courts can consider the provisions of a prenuptial agreement in considering whether to award alimony. On January 1, 1992, Iowa Code section 596.5(2) 3 became effective but did not affect agreements signed before that date. This agreement was signed December 13, 1991, and thus is not affected by section 596.5(2). The agreement was put in place during a period when provisions for eliminating spousal support were permitted. See In re Marriage of Spiegel, 553 N.W.2d 309, 319 (Iowa 1996).

The district court first recognized the waiver of spousal support provision in the agreement but found it not binding and considered it with the other factors of section 598.21(3) in making the spousal support award. The district court correctly followed the law in this regard. There is no mandate the alimony waiver be enforced; rather, because of the time frame when it was drafted, it is merely permissible it be waived. See id.

We, therefore, address Peter’s contention the spousal support is not equitable when considered under the factors of section 598.21(3). He advances he is fifty-one and diabetic, while Carmen is thirty-nine and basically healthy. He contends the marriage was of a short term and an even shorter term of cohabitation. He further contends the property award structured by the district court allocated all jointly-acquired assets to Carmen, contrary to their prenuptial agreement.

Peter argues he did not further his education during the marriage, but Carmen completed course work at Southeast Vo-Tech to become a nuclear medicine technician and phlebotomist and had training in sales by Mary Kay Cosmetics. He advances Carmen’s income increased during the marriage from the approximately $11,000 she made at the time of the marriage to the $19,800 she makes while working for the same employer for seventeen years. Peter points out additionally Carmen is an interpreter for the United States District Court in South Dakota at $65 an hour.

The district court found Carmen’s income to be at least $25,000 annually. The district court found Peter’s income to be $50,747, including a $24,000 annual salary and additional income from his corporation. Peter disputes he enjoys income from his corporation. He pays his first wife alimony of $6600 annually.

We consider the award of alimony in conjunction with the property award. It is appropriate to consider the property distribution made in the decree in assessing alimony. Id.

Peter takes issue with two provisions of the property award. He first contends the provision he pay Carmen $15,000 is inequitable and contrary to the prenuptial agreement. Peter and Carmen went to work in *496 Paraguay — he as an agricultural consultant through a contract with his corporation, Van Regenmorter Land & Livestock, Inc., and she as an interpreter. The district court found Carmen was underpaid for that work, specifically finding Carmen and the corporation were together paid $51,778 and Carmen’s half was $25,889, but she only received $8250 leaving her short $17,639. The $15,000 was to compensate her for this shortage.

Peter contends Van Regenmorter Land & Livestock, Inc., contracted with G. William Miller & Co. to provide agricultural consulting services through him as the corporation’s employee for an agreed fee of $1600 per week. He advances he was in Paraguay twenty-seven weeks and Van Regenmorter Land & Livestock, Inc. was paid $43,528.57 for his efforts.

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587 N.W.2d 493, 1998 Iowa App. LEXIS 66, 1998 WL 918212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-van-regenmorter-iowactapp-1998.