In Re the Marriage of Melissa A. Gansen Beauchamp and Cory J. Beauchamp Upon the Petition of Melissa A. Gansen Beauchamp, and Concerning Cory J. Beauchamp
15-0107
| Iowa Ct. App. | Aug 17, 2016Background
- Melissa (Missy) Gansen Beauchamp and Cory Beauchamp divorced after a 16-year marriage; two daughters; trial held October 2014; decree entered December 2014.
- Missy: age 42, long-term professional at Meredith, substantially higher income and larger retirement assets; Cory: age 44, lower-earning vehicle operator for Iowa State University.
- Parties separated in 2012; Missy remained in family home and accumulated significant credit-card debt (~$39,000) by trial, about $14,000 incurred after mediation; some debt related to furnace/AC replacement (~$3,874).
- District court treated nearly all post-separation credit-card debt as Missy’s dissipation and assigned her sole responsibility (except furnace/AC share); ordered sale of home and equal division of proceeds; awarded Cory $400/month traditional alimony for five years; Missy appealed.
- Court of Appeals reviews de novo, rejects finding of dissipation for most credit-card charges, modifies decree: orders parties jointly responsible for $30,000 of the credit-card debt and requires Cory to reimburse Missy $15,000 in three installments; otherwise affirms decree.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Missy dissipated marital assets by incurring credit-card debt post-separation | Missy: charges were legitimate household/child expenses while maintaining family on one income; produced receipts documenting family spending | Cory: charges were dissipation (self-promotion/extravagant spending) and should be allocated solely to Missy | Court of Appeals: most charges were ordinary family expenses, not dissipation; modify decree to treat $30,000 as marital debt split between parties with Cory reimbursing Missy $15,000 |
| Whether Missy’s premarital assets should be offset as separate property | Missy: premarital contribution (~$9,661) should be treated as separate and offset from division | Cory: premarital contribution was properly considered against debts paid off during marriage and other marital contributions | Court: district court reasonably balanced premarital assets against student-loan payoff and Cory’s contributions; no further modification |
| Whether traditional alimony to Cory ($400/mo for 5 years) was appropriate | Missy: award unsupported, excessive; short marriage (16 yrs) makes traditional alimony inappropriate | Cory: needs modest support given lower income, health/dental needs, and unequal asset distribution | Court: upheld $400/mo for five years as equitable given income disparity, health/dental needs, and adjusted debt allocation |
| Whether Missy should pay Cory’s appellate attorney fees | Cory: requests contribution toward appellate fees | Missy: opposes | Court: declined to award appellate fees; each party pays own fees and split costs of appeal equally |
Key Cases Cited
- In re Marriage of Fennelly, 737 N.W.2d 97 (Iowa 2007) (dissipation framework and factors to analyze post-separation spending)
- In re Marriage of Kimbro, 826 N.W.2d 696 (Iowa 2013) (definition and remedy for dissipation)
- In re Marriage of Gust, 858 N.W.2d 402 (Iowa 2015) (considerations about duration and types of alimony; two-household cost insights)
- In re Marriage of Burgess, 568 N.W.2d 827 (Iowa Ct. App. 1997) (whether debt payment was a reasonable, expected marital expense)
- In re Marriage of Anliker, 694 N.W.2d 535 (Iowa 2005) (types of alimony: traditional, rehabilitative, reimbursement)
- In re Marriage of Becker, 756 N.W.2d 822 (Iowa 2008) (awarding combinations of alimony types)
- In re Marriage of Geil, 509 N.W.2d 738 (Iowa 1993) (modest alimony can remedy financial inequity after long-term marriage)