In Re the Marriage of Wegner

434 N.W.2d 397, 1988 Iowa Sup. LEXIS 350, 1988 WL 136857
CourtSupreme Court of Iowa
DecidedDecember 21, 1988
Docket86-1752
StatusPublished
Cited by30 cases

This text of 434 N.W.2d 397 (In Re the Marriage of Wegner) 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 Wegner, 434 N.W.2d 397, 1988 Iowa Sup. LEXIS 350, 1988 WL 136857 (iowa 1988).

Opinions

McGIVERIN, Chief Judge.

In this dissolution of marriage action, the trial court awarded respondent Joan Alice Wegner permanent alimony to be paid by petitioner Larry Harold Wegner in the amount of $350 per month. Larry appealed the award and the case was transferred to the court of appeals which reduced the award to $150 per month. We granted Joan’s application for further review and now affirm the decision of the court of appeals. Accordingly, we modify the judgment of the trial court.

I. Background facts and proceedings. Because dissolution of marriage proceedings are tried in equity, our review is de novo. In re Marriage of Vrban, 359 N.W.2d 420, 423 (Iowa 1984); Iowa R.App.P. 4. Thus, weight is accorded the findings of fact by the district court, but we are not bound by these findings. Iowa R.App.P. 14(f)(7).

Larry and Joan were married June 12, 1960. They separated after 26 years. At the time of the dissolution proceeding Larry was 46 and Joan was 45 years of age. Both were in relatively good physical and mental health. Larry and Joan have two children. The youngest was age 18 at the time of the trial. Larry was ordered to pay $200 per month child support and that is not an issue in the appeal.

Larry has earned a high school diploma. In the early years of the marriage he [398]*398worked at a variety of jobs. In 1984 Larry opened a service station in Marshalltown and continued to make his living from this enterprise throughout these proceedings. He also operated a small salvage yard for automobile parts. The district court found that Larry had the capacity to earn a gross annual income of approximately $20,000. The parties do not dispute this finding.

Joan has also earned a high school diploma and has worked in a number of different jobs throughout the marriage. In 1974, Joan began working at a meat packing plant in Marshalltown where she continued to work for the next ten years. When she left the meat packer, Joan was earning $8.95 per hour. Her last job was boxing picnic hams and various meats on special order. Some dispute exists concerning the circumstances involved in motivating Joan’s decision to voluntarily leave this employment.

Joan contended that she and Larry had separated in 1985 and, in an effort toward reconciliation, she complied with Larry’s request that she quit work and help him operate the service station. Larry contended that Joan had quit because she had long planned she would do so when she completed ten years with the company and partial pension benefits vested. In either event, the reconciliation proved to be short lived and the couple separated for the final time in July 1985.

Shortly thereafter, Joan began work in a popcorn packaging plant. At the time of the dissolution proceeding, Joan was earning $3.65 an hour from this employment. Had Joan returned to the meat packing plant where employment was available, her hourly wage would have been between $5.00 and $6.00. She would not have been entitled to the seniority she had previously acquired. Because of the wage reduction and because Joan was concerned with the effect of the working conditions at the meat packing plant on her health, Joan accepted the lower paying popcorn plant job. Based upon the rate of income that Joan received from the popcorn plant, the district court found that Joan had the capacity to earn a gross annual income of approximately $8,000.

In regard to permanent alimony, the district court ruled that “in light of the parties’ present financial circumstances” Larry was obligated to pay Joan $350 in monthly alimony payments. It was ordered that this obligation would continue until Joan remarried or died, or until Larry died. Larry appealed this decision contending that the award of alimony was unwarranted and, even if warranted, it was excessive. The case was transferred to the court of appeals. See Iowa R.App.P. 401(a).

The court of appeals modified the award, holding the district court erred in neglecting to recognize the opportunity available to Joan to work at the meat packing plant for a higher wage than she earned at the popcorn plant. The court of appeals found that Joan voluntarily refused to return to the meat packing plant, a job that would have afforded her a minimum annual salary of $11,000. Therefore, the court of appeals modified the district court award, reducing the alimony obligation to $150 monthly.

Joan filed an application for further review, contending the court of appeals erred in determining her earning capacity and reducing the alimony award. The application was granted and, upon further review, we affirm the decision of the court of appeals.

II. Earning capacity of the recipient spouse. Alimony is an allowance to one spouse in lieu of the other’s legal obligation for support. In re Marriage of Sjulin, 431 N.W.2d 773, 775 (Iowa 1988); In re Marriage of Hitchcock, 309 N.W.2d 432, 437 (Iowa 1981). In Schantz v. Schantz, 163 N.W.2d 398, 405 (Iowa 1968), we identified “[ejarning capacity of each party” as among the considerations in making an equitable determination of financial obligations of the parties to a dissolution of marriage action. See also Hitchcock, 309 N.W.2d at 436-37; In re Marriage of Estlund, 344 N.W.2d 276, 281 (Iowa App.1983).

[399]*399We have consistently examined the earning capacity of the payor spouse beyond simply ascertaining present income. See In re Marriage of Wahlert, 400 N.W.2d 557, 560-61 (Iowa 1987) (payor husband should not pursue unprofitable farming operation when he could earn more as a laborer); In re Marriage of Horstmann, 263 N.W.2d 885, 890-91 (Iowa 1978) (in determining division of property, court could consider the future earning potential of husband who had received law degree and was admitted to the bar); Ellis v. Ellis, 262 N.W.2d 265, 267-68 (Iowa 1978) (holding in modification action that husband’s alimony obligation was a function of his earning capacity rather than the amount of his voluntarily reduced income).

Correspondingly, when we look to the amount of permanent alimony a payee spouse should receive, if any, we must consider not simply present income, but his or her earning capacity as directed by Iowa Code section 598.21(3). That section states in part:

Upon every judgment of ... dissolution ..., the court may grant an order requiring support payments to either party for a limited or indefinite length of time after considering all the following:
[[Image here]]
e. The earning capacity of the party seeking maintenance,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re the Marriage of Flaherty
Court of Appeals of Iowa, 2021
In re the Marriage of Schultz
Court of Appeals of Iowa, 2020
In re the Marriage of Freudenberg
Court of Appeals of Iowa, 2018
In re the Marriage of Racette
Court of Appeals of Iowa, 2018
In Re the Marriage of Hazen
778 N.W.2d 55 (Court of Appeals of Iowa, 2009)
Neimann v. Butterfield
551 N.W.2d 652 (Court of Appeals of Iowa, 1996)
Moore v. Kriegel
551 N.W.2d 887 (Court of Appeals of Iowa, 1996)
In Re the Marriage of Swan
526 N.W.2d 320 (Supreme Court of Iowa, 1995)
In Re Marriage of Geil
509 N.W.2d 738 (Supreme Court of Iowa, 1993)
In Re the Marriage of Will
489 N.W.2d 394 (Supreme Court of Iowa, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
434 N.W.2d 397, 1988 Iowa Sup. LEXIS 350, 1988 WL 136857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-wegner-iowa-1988.