In re the Marriage of Witherly

867 N.W.2d 856, 2015 Iowa App. LEXIS 286, 2015 WL 4758056
CourtCourt of Appeals of Iowa
DecidedMarch 25, 2015
DocketNo. 14-0334
StatusPublished
Cited by30 cases

This text of 867 N.W.2d 856 (In re the Marriage of Witherly) 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 Witherly, 867 N.W.2d 856, 2015 Iowa App. LEXIS 286, 2015 WL 4758056 (iowactapp 2015).

Opinion

VAITHESWARAN, P.J.

Brian Witherly appeals and Maura Witherly cross-appeals from the spousal support and tax filing provisions of a dissolution decree. Brian contends the district court’s rehabilitative alimony award is inconsistent with its stated purpose. Maura asserts the district court should not have required her to file joint income tax returns with Brian for the 2012 and 2013 tax years.

I. Background Facts and Proceedings

Brian and Maura Witherly married in 1996 and divorced in late 2013. At the time of trial, Brian was 48 and Maura was 49; both were in good health. Prior to the marriage, both took college classes in business computer systems. Brian' completed college and worked in the field during the marriage. He earned as much as $237,000 annually. At the time of trial, his wages [858]*858were $158,000 per year with the possibility of a 15% annual bonus.

Maura was one credit shy of completing college. She had no education after 1986. While she worked for ten years before the marriage, she agreed to defer earning wages after the marriage. She served as primary caretaker for her child from a previous relationship, as well as the two children of the marriage, and performed most of the work in and around the home. On her separation from Brian in 2012, she began earning $10 per hour at a twenty-five-hour-per week job.

The district court ordered Brian to pay Maura spousal support of $2600 per month until she remarried or turned sixty-five or either party died. The court labeled the award “rehabilitative.” The court also ordered Maura to “cooperate fully with [Brian] and his tax preparer for purposes of filing jointly the parties 2012 and 2013 federal and state income tax returns.”

Brian and Maura each filed rule 1.904(2) motions requesting reconsideration of the court’s provisions on spousal support and the tax returns. The district court denied the motions. The appeal and cross-appeal followed.

II. Analysis

A. Spousal Support

In awarding Maura $2600 per month until she turned sixty-five, the district court reasoned as follows:

Even with an equal distribution of the marital estate, Maura leaves this marriage at a substantial economic disadvantage. That economic disadvantage relates primarily to the great disparity in earning capacity between the parties. The parties’ election at the commencement of their marriage to have Maura essentially forgo her career in favor of becoming the primary homemaker and child rearer has negated much of her earning capacity. Even accepting Brian’s proposition that, at the inception of their marriage, the parties’ earning capacities were essentially equal, 17 years out of the workforce has, in the court’s view, caused Maura to forfeit much of her earning capacity. With additional education and training, she can probably recover some of said capacity and perhaps enough to resume the lifestyle approximating the one she was accustomed to during the marriage which is likely a comfortable but not a lavish one. But, that will take time, particularly in the current economic climate, and so an award of rehabilitative alimony is in order.

In its order on the motions to reconsider, the court acknowledged the award “could have been more accurately characterized.” The court nonetheless reaffirmed the amount and duration of the award. In doing so, the court stated it “remain[ed] convinced that is fair and equitable in both its amount and its duration.” The court continued,

If [Maura] is satisfied with the lifestyle she can afford on her share of the marital estate coupled with a gross income of approximately $45,000 a year until she turns 65 (assuming she doesn’t remarry or she or petitioner don’t expire in the meantime), then so be it. Considering the contributions to the marriage, she is entitled to at least that much, in the court’s view.

Brian asserts the district court’s award “is in substance, if not in name, an award of permanent or traditional alimony contrary to the district court’s own conclusion of law.” He does not specify an amount or duration he desires but simply asks this court to “amend the rehabilitative alimony award by reducing it in both duration and amount.”

[859]*859Our review of the spousal support award is de novo but we afford the district court considerable latitude in making a spousal support determination and “[w]e will disturb that determination only when there has been a failure to do equity.” In re Marriage of Anliker, 694 N.W.2d 585, 540 (Iowa 2005).

We begin with a red herring— the moniker assigned to the spousal support award. We have categorized spousal support as traditional, rehabilitative or reimbursement alimony. Id. But, these types are not mutually exclusive. See In re Marriage of Becker, 756 N.W.2d 822, 827 (Iowa 2008) (noting award was not strictly rehabilitative or traditional and “nothing in our case law ... requires us, or any other court in this state, to award only one type of support.”); accord In re Marriage of Gust, 858 N.W.2d 402, 408 (Iowa 2015) (noting categories of spousal support might “overlap” in some cases). For example, in Becker, the Iowa Supreme Court crafted a spousal support award incorporating the purposes behind traditional and rehabilitative alimony. The recipient was awarded $8000 per month for three years to allow her to return to school. After the third year, she was awarded $5000 per month for seven additional years to give her time to develop her earning capacity. Becker, 756 N.W.2d at 827.

The district court in this case did something similar. The court pegged the award to self-sufficiency and imposed a definite end. These are hallmarks of rehabilitative alimony. See Becker, 756 N.W.2d at 826; In re Marriage of O’Rourke, 547 N.W.2d 864, 866-67 (Iowa Ct.App.1996) (stating rehabilitative alimony allows a former spouse to become self-sufficient); see also Gust, 858 N.W.2d at 408 (noting traditional award is generally of unlimited duration). The court also noted the large disparity in earning capacities and explained the purpose of the award was to afford Maura a comparable lifestyle to the one she experienced during the marriage. These are hallmarks of a traditional alimony award. See Gust, 858 N.W.2d at 408; In re Marriage of Hettinga, 574 N.W.2d 920, 922 (Iowa Ct.App. 1997) (“The purpose of a traditional or permanent alimony award is to provide the receiving spouse with support comparable to what he or she would receive if the marriage continued.”). The district court acted well within its authority in awarding both types of alimony. Accordingly, we are not persuaded by Brian’s reliance on the title of the spousal support award.

We turn to the propriety of the amount and duration of the award. On this score, we look to the statutory spousal support factors set forth in Iowa Code section 598.21A (2013).

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Bluebook (online)
867 N.W.2d 856, 2015 Iowa App. LEXIS 286, 2015 WL 4758056, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-witherly-iowactapp-2015.