In Re the Marriage of Weiss

496 N.W.2d 785, 1992 Iowa App. LEXIS 321, 1992 WL 453883
CourtCourt of Appeals of Iowa
DecidedDecember 29, 1992
Docket91-1926
StatusPublished
Cited by5 cases

This text of 496 N.W.2d 785 (In Re the Marriage of Weiss) 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 Weiss, 496 N.W.2d 785, 1992 Iowa App. LEXIS 321, 1992 WL 453883 (iowactapp 1992).

Opinion

SACKETT, Judge.

Petitioner-appellant Karen M. Weiss appeals and respondent-appellee Jerry D. Weiss cross-appeals challenging the economic provision the trial court made in their dissolution decree. We affirm.

Karen and Jerry are in their mid-forties. They were married in 1966. They had two daughters, one a graduate of the University of Iowa who is an adult, and the second child, Kristin, was seventeen years old at the time of trial and a senior in high school.

Karen is a certified laboratory technician and has, in addition, earned sixty hours of college credit. She is employable as a technician at a salary of approximately $20,000 a year. However, Karen plans to earn a B.A. degree from Briar Cliff College in Sioux City and then obtain an M.A. degree from the University of Nebraska in Omaha. Upon completing this education, she intends to get a job as a social worker with pay comparable to what she could earn as a laboratory technician. Karen has been employed outside the home at a variety of jobs throughout the marriage. At the time of trial, Karen was drawing unemployment insurance. She allegedly suffers mental problems because of abuse she received as a child. Karen contends she needs continued psychiatric care at a cost for treatment and transportation of over $150 weekly. She also has been treated for cancerous bladder tumors and requires continual *787 checkups. There is no evidence either of these conditions make her unemployable.

Jerry has an M.A. degree. He obtained his M.A. degree and his B.A. degree during the marriage. Jerry works full time in the Extension Service for Iowa State University. Jerry worked full time while getting his education except for a period of about one and one-half years when he worked twenty to thirty hours a week.

Jerry has a monthly wage before tax deductions of $3,500. Jerry is able to purchase dental and medical insurance for $107 monthly.

Net equities of about $70,000 accumulated by the parties during marriage were divided equally between the parties. Karen had set off to her a one-sixth remainder interest subject to her 80-year-old mother’s life estate in eighty acres of Webster County farmland, and Jerry had set off to him an undivided one-fourth interest in rental property in Fort Dodge. The net result of the property division is that Karen, with her gifted and inherited property, received about $60,000, and Jerry, with his inherited and gifted property received about $46,000. Neither party challenges the property division.

Karen was awarded alimony of $500 a month until August 1992 and $350 a month for thirty-six months thereafter. The alimony was not awarded in the original decree, but was awarded in a supplemental decree entered following the filing of a 179(b) motion.

Karen also was ordered to pay child support of $50 a month for the younger daughter, Kristin, who was placed in her father’s physical care.

Karen first contends the alimony award was not adequate. Karen’s position is the treatment she needs because of abuse as a child; the fact she can only purchase health insurance under Jerry’s contract for thirty-six months; the fact she wants to obtain a B.A. degree and M.A. degree; the fact Jerry obtained education during the marriage; and the fact Jerry’s income is in excess of hers, are factors that make the alimony award unjustified.

Karen also claims Jerry has overstated his living expenses, and Jerry contends Karen has overstated her living expenses. We have given little consideration to each parties’ claimed living expenses. In assessing alimony awards, we look primarily at the available income and the parties’ needs, not what they choose to spend for living expenses. We do, however, give special consideration to the approximately $150 a week Karen incurs for weekly psychotherapy as it is not a usual expense.

Jerry argues Karen refuses to obtain employment that is available to her, rather, she is seeking to embark on further education. He also advances she has an extended history of involvement with many counselors but has no medical or mental incapacity that precludes her from being employed. He contends she could, with minimal effort, be self-sufficient and has training in areas where jobs are available. Jerry advances Karen will not take jobs as a clinical laboratory assistant despite being qualified to do so, nor will she take employment as a sign language interpreter when she is trained and experienced in that area. Jerry says the evidence shows Karen’s present earning capacity is greater than her earning capacity would be in the future with a Master’s degree.

Jerry also points out that following the parties’ separation, he provided educational expenses for the older daughter at the University of Iowa and used a portion of his inheritance for this purpose. Jerry says Karen has not provided for either child’s education or support since the separation.

Spousal support is provided for under Iowa Code section 598.21(3). Whether spousal support is justified is dependent on the facts of each case. See In re Marriage of Fleener, 247 N.W.2d 219, 220 (Iowa 1976). In assessing a claim for alimony we consider the property division and alimony together in determining their sufficiency. See In re Marriage of Lattig, 318 N.W.2d 811, 815 (Iowa App.1982). Entitlement to spousal support is not an absolute right. In re Marriage of McFarland, 239 N.W.2d 175, 179 (Iowa 1976). An alimony award is justified when the distribution of the assets of the marriage does not equalize the inequities and economic disadvantages suffered in marriage by the party *788 seeking the alimony who also has a need for support.

In assessing Karen’s claim we look at all the factors of section 598.21(3). We give particular consideration to the education the parties received during marriage. See In re Marriage of Francis, 442 N.W.2d 59, 62 (Iowa 1989); In re Marriage of Janssen, 348 N.W.2d 251, 253-54 (Iowa 1984); In re Marriage of Passick, 375 N.W.2d 284, 286 (Iowa App.1985). Jerry obtained substantial education during marriage. However, during almost the entire period he obtained the education, he remained the family’s primary wage earner. While Jerry's education expenses were paid out of joint funds, there is no evidence Karen made extreme sacrifices to assist him in obtaining his education. This clearly distinguishes this case from In re Marriage of Horstmann, 263 N.W.2d 885 (Iowa 1978); Janssen, and Francis.

Karen during the marriage has obtained education and has held employment outside the home. She has accumulated F.I.C.A.

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496 N.W.2d 785, 1992 Iowa App. LEXIS 321, 1992 WL 453883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-weiss-iowactapp-1992.