In Re the Marriage of Joan Blaser Baenziger and Gregory Paul Baenziger Upon the Petition of Joan Blaser Baenziger, and Concerning Gregory Paul Baenziger
15-0457
| Iowa Ct. App. | Oct 26, 2016Background
- Gregory and Joan Baenziger married in 1999 and executed a prenuptial agreement; no children of the marriage.
- Joan (≈59) suffers physical and mental-health conditions and faced imminent double hip replacement surgery; unemployed at trial. Gregory (≈61) was employed earning ~$110,000 with potential furlough.
- The parties had significant debt and limited assets.
- Joan petitioned for dissolution in April 2014; trial in Nov. 2014; decree entered Feb. 2015.
- The decree awarded Joan: one-half of any earnings from books Gregory authored during the marriage, alimony of $1,800/month for 25 months, and approximately $18,000 in attorney fees. Gregory appealed.
Issues
| Issue | Plaintiff's Argument (Joan) | Defendant's Argument (Gregory) | Held |
|---|---|---|---|
| Division of book earnings authored by Gregory during marriage | Court should split earnings (district court did so) | Prenuptial agreement grants Gregory sole entitlement to earnings from his individual work | Modified: Gregory entitled to proceeds per prenup; no equal split |
| Alimony amount/duration | Alimony appropriate given length of marriage, Joan's health, limited earning capacity | Award excessive given Gregory's furlough and limited ability to pay | Affirmed: $1,800/month for 25 months appropriate considering statutory factors |
| Trial attorney fees (district court award of ~$18,000 to Joan) | Fees fair; based on parties' relative abilities to pay | Unfair because Gregory faces furlough, debts, few assets | Affirmed: district court did not abuse discretion in awarding about half of Joan's fees |
| Appellate attorney fees | Joan requested fees on appeal | Gregory opposed | Denied: appellate fees not awarded to Joan |
Key Cases Cited
- In re Marriage of Applegate, 567 N.W.2d 671 (Iowa Ct. App. 1997) (premarital agreements are favored and binding absent fraud, mistake, or undue influence)
- In re Marriage of Gust, 858 N.W.2d 402 (Iowa 2015) (de novo review in dissolution matters; trial court factual findings given weight)
- In re Marriage of Weidner, 338 N.W.2d 351 (Iowa 1983) (decisions in dissolution require focus on particular circumstances of the parties)
- In re Marriage of Okland, 699 N.W.2d 260 (Iowa 2005) (factors for awarding appellate attorney fees)