The alimony laws governing spousal support in Iowa is different from what is obtainable in other states. Read further to grasp the peculiarity of the IA alimony law.
All 50 states in America are alimony states, meaning states that have enacted laws permitting a spouse who cannot work full time or with a lower income to request payments from the other spouse to support themselves after a divorce.
What is Alimony?
Also referred to as “spousal support” or “spousal maintenance” in Hawkeye State, alimony is the series of payments made by one spouse (the payor spouse) to another (the supported or payee spouse) after the divorce.
Before the alimony payments commence, there has to be a written order or agreement which requires the payor to support the payee with a stipulated amount of money.
This agreement eliminates any disputes in the future about why the payment was made or when it’s not made.
Type of Alimony Laws Practiced in IA
Types of alimony in Iowa
All marriage-related laws in Iowa can be found in Iowa Code, Title XV JUDICIAL BRANCH AND JUDICIAL PROCEDURES, beginning with Ch. 595 and ending with Ch. 600B.
A spouse may petition for a maintenance order in the state of Iowa during a divorce of marriage or legal separation. The court may issue a dependent spouse a temporary or permanent maintenance award, which is the three types of alimony in Iowa.
The amount and duration of the maintenance are determined by the court’s ruling. The courts in IA will not consider marital wrongdoing, and the payments may be ordered from the other spouse’s income or property, depending on the court’s judgment.
Traditional Spousal Support in Iowa
If the court orders traditional alimony, your ex-spouse will pay you once the divorce is finalized for as long as you are unable to support yourself. This does not, however, imply that you will receive alimony until death. You may be entitled to spousal maintenance until you remarry, start receiving retirement benefits, and so on, depending on the terms of the order.
Rehabilitative Spousal Support in IA
You may have put your job on hold throughout your marriage. You may want to re-enter the workforce after your divorce, but you lack the necessary valuable skills. Rehabilitative alimony is a temporary solution in which your ex-spouse will financially assist you while you get the training you need to return to work and become self-supporting.
Reimbursement Spousal Support in Iowa
Perhaps the scenario is the reverse. Instead of putting your career on hold during your marriage, maybe you worked to support your partner as he or she pursued higher education in order to increase their earning potential.
If this is the case, you may be eligible for reimbursement alimony. This means you’ll eligible to be reimbursed by your ex-spouse for the money you spent on his or her schooling. This kind of alimony obligation does not last forever. It comes to an end when your spouse repays you for all of the money you put into his or her education or training.
Who Pays Alimony in Iowa?
In Iowa alimony law, the spouse that makes most of the money will share that income with the other spouse. The idea behind who pays for alimony is to considerably level up the living standard of the dependent spouse to what it was while the marriage was on.
Regarding the sex that pays, alimony in Hawkeye State is gender-neutral, meaning either spouse can request support from the other. As long as the alimony can be provided to the requesting spouse, then it will most likely be granted.
So a husband can receive alimony from a wife in Iowa if the above conditions are met.
How Long Does Spousal Support Last in IA?
The judge will decide how long the alimony payment should last in Iowa
The duration to pay alimony in Iowa can differ depending on the individual judge and circumstances. However, you should expect to pay spousal support for a duration of 80-70% of the length of the marriage lasted. So assuming you were married for 10 years, the spousal support duration will most likely be between 6 to 7 years.
As provided by the alimony laws of IA, rehabilitative and permanent support stops if either spouse dies or the supported spouse remarries.
How to Collect Spousal Support Arrears in Iowa
When it comes to collecting spousal support in Iowa, you have a few choices if your ex-spouse has failed to make alimony payments as ordered by the court. Debts for spousal support are frequently given priority among debtors under US law.
Factors That Influence Alimony in Iowa
The average amount payable as spousal support in Iowa after divorce is determined by various factors. But the major factor you have to understand is “the standard of living of the marriage.”
To determine the final amounts for rehabilitative and permanent support in IA, the courts in IA take into consideration the income of the spouses, plus other factors like:
- earning capacity of each spouse.
- the ability of the paying spouse to pay, considering assets, the standard of living, earning capacity, as well as earned and unearned income.
- the extent of contribution the supported spouse gave to the other’s educational pursuit or professional license during the marriage
- how long the marriage lasted
- the needs of each spouse
- the assets and debts of each spouse including separate property
- each party’s tax consequences
- the ability of the supported spouse to gain employment without interfering with their children’s care
- each spouse’s health and age
- each party’s balance of hardships
- whether there is a documented history of domestic violence against the children or either party
- will the dependent spouse be self-supporting within a reasonable period
- any criminal conviction of an abusive spouse
- any other factors which the court wishes to consider
This is the main measure the court uses to determine the amount to be paid in Hawkeye State. The principle behind the standard of living of the marriage is that after the marriage breakup, both spouses should continue living within the same standard they lived while the marriage lasted.
How Alimony is Calculated in IA
How Alimony is Calculated in Iowa
The amount to be paid as spousal support in Iowa is calculated after considering the above-stated factors. Whichever option is adopted it is reflected in the Alimony Calculator
But to be explicit about how to calculate spousal support in IA, you may need to consult your spousal support attorney.
>>> Iowa Spousal Support Calculator
FAQ About Iowa Alimony Laws
Here are Frequently Asked Questions about spousal support laws in IA:
Can a Husband get Alimony in IA?
Yes. In Iowa, alimony payment is gender-neutral, meaning the sex that pays or receives is not the main determinant, but other factors as stated above. For details click here.
Who Qualifies for Alimony in Iowa?
Just as either spouse can pay or receive, the party that qualifies to receive spousal support is the dependent party while the marriage lasted. This means that in IA, the spouse that had lesser or no income when the marriage was on is also the one qualified to receive alimony. Click here for details
How Long do you have to be Married to get Alimony in IA?
To understand how long alimony lasts in Iowa, you have to take into consideration how long the marriage lasted.
However, bear in mind that there is no limit to the duration you can pay or receive alimony for marriages that lasted 10-20 years or more. Any marriage that lasted below 20 years will not pay nor receive alimony that exceeds 50% of the duration of the marriage.
Is Alimony Tax Deductible in Iowa?
Following the passage of the Tax Cuts and Jobs Act, which altered the link between alimony and taxes dramatically in Iowa and all over the US, alimony payments are no longer tax deductible for the payer and are no longer recognized as income
for the recipient spouse as of January 1, 2019.
Is Alimony Mandatory in Hawkeye State?
Alimony is mandatory in Iowa as long as one of the spouses earns or owns assets that can be relied upon to support the other spouse after the marriage breaks down.
Can Alimony be increased in Iowa?
Alimony amount or duration can be increased or decreased due to changes in the financial circumstances of the parties in different ways, including:
- an increase or decrease in the income of the alimony recipient
- if it’s determined that the original alimony awarded is inadequate
- loss to the alimony recipient’s financial assets
- an increase in the justified expenses of the alimony recipient
- when the financial condition of the receiving spouse fails to improve as originally expected
Can you go to Jail for Not Paying Spousal Support in IA?
Technically, you will not be jailed for not paying alimony in Iowa. While there are varying consequences for not paying alimony, you can still end up in jail as a result. Here is how.
If it’s an Iowa court-ordered spousal support that you refuse to pay, it means you are in violation of a court order meaning you can be prosecuted for being in contempt of court if contempt proceedings are brought up against you. This could attract a jail term in IA}.
How to Modify Spousal Support in IA?
How to Avoid spousal support in Iowa
When necessary, Iowa law allows for a spousal support modification. When it comes to alimony, courts in IA usually try to do their best to create judgments that are fair and effective in the long run. Nevertheless, conditions change over time, and these changes may compel a revision or modification of the initial order.
When filing for a spousal support modification in Iowa, keep in mind that the courts will only entertain the motion if there has been a significant and long-term change in circumstances. A brief problem is unlikely to be significant enough to warrant a revision in the initial alimony ruling. Likewise, dissatisfaction with the support order is not a valid reason for a revision in IA.
The following are some of the most common reasons for requesting an alimony modification in Iowa:
- Retirement
- Remarriage
- Relocation
- Changes in income or employment
- Birth of a new child
- Health changes, including disability
- A new dependent
How to Avoid or End Spousal Support in IA?
In Hawkeye State, the spouse paying the alimony can successfully ask for modification, avoid or stop the alimony payment if he/she is able to prove any or all of the following points:
- that the dependent spouse is guilty of infidelity
- the spouse proves that he has no source of income
- the spouse remarries and has to take care of the new spouse however, he/she will continue paying the child support for children if any
- if the spouse is disabled and unable to earn a living
Importance of Using a Skilled Iowa Spousal Support Attorney
If you’re getting a divorce in Iowa and need to negotiate or re-negotiate spousal support, you’ve definitely got a lot of questions and want to seek competent legal guidance. Though state Supreme Courts have supported lifetime spousal support, your circumstances may or may not fulfill the requirements. IA courts may judge your case differently based on the merits of you and your previous spouse. There are so many variables to consider.
If you want to get spousal support for the rest of your life or if you want to fight against it in Iowa, an expert divorce lawyer can help. Depending on the objective and the desire of the adversary attorney to bargain in good faith, you’ll need attorneys that are both empathetic and strong.
For the convenience of our members, we have an up-to-date directory of IA divorce and spousal support attorneys who can help with a variety of issues. For legal advice and representation on spousal support that is powerful and well-informed.
Click Here to Get our Free Iowa Alimony recommendation.
Alimony Laws in all 50 States
A Alabama | Alaska | Arizona | Arkansas
C California | Colorado | Connecticut
D-H Delaware | Florida | Georgia | Hawaii
I Idaho | Illinois | Indiana | Iowa
K-L Kansas | Kentucky | Louisiana
M Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana
N Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota
O Ohio | Oklahoma | Oregon
P-S Pennsylvania | Rhode Island | South Carolina | South Dakota
T-U Tennessee | Texas | Utah
V-W Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming
