Iowa Courts and Dividing Propert During a Divorce

The state of Iowa recognizes that each marriage partner has an equitable interest in all marital property acquired during the course of the marriage. Unlike states with community property laws, which typically entitles each spouse to 50%, in an equitable distribution state the equitable interest does not appear until a divorce is filed.

The Iowa Code provides several factors the Court considers in making an equitable distribution. It can range from observing what sacrifices a spouse made during the marriage, assets brought into the marriage, inherited property, age disparities, health issues, earning capacity, and the number of minor children or dependents. This is not an exhaustive list.

The general rule is that all property acquired by either party during the course of the marriage using marital assets, regardless of title or source of payment, is marital property, subject to equitable division.
An exception to the general rule would be that an asset acquired by one party during the marriage by inheritance is not a marital asset or a gift acquired would be exempt. However, the Iowa Courts have lately been deviating from this usually tightly interpreted rule.

Once a court determines which property is actually marital property, and subject to equitable division, then it must determine how that property is to be divided. Unlike community property states, the courts in Iowa are not bound by any predetermined rules or formulas. A divorce court is a court of equity, and the court has complete discretion in awarding each spouse any particular marital property, and in any proportion that the court finds is fair under all circumstances.

Each case is unique and not all factors apply. To determine what you may be entitled to contact an Iowa lawyer well-versed in divorce and other domestic relation issues.