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In Re the Marriage of Mary J. Nelson and Kenneth L. Nelson Upon the Petition of Mary J. Nelson, and Concerning Kenneth L. Nelson
16-0293
| Iowa Ct. App. | Aug 16, 2017
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Background

  • Kenneth and Mary Nelson were married in 1981 and operated a family farming business; Kenneth did most labor and worked full‑time off‑farm while Mary handled bookkeeping and seasonal work after separation.
  • Mary filed for dissolution in 2011; multiple hearings occurred (2013–2015) with the record reopened several times for supplemental financial evidence; decree entered December 31, 2015 and supplemental order January 15, 2016.
  • The district court found Kenneth had not fully disclosed assets and had engaged in transactions with family that made valuation difficult and concluded he dissipated marital assets during the separation.
  • The court valued the marital estate at $1,387,000 (including a $250,000 addition for dissipation), allocated $1,234,600 to Kenneth and $152,800 to Mary, and ordered Kenneth to pay Mary a $540,000 equalization payment.
  • The court awarded Mary temporary and final spousal support: $2,300/month briefly, then $2,000/month continuing until death or remarriage.
  • Kenneth appealed the property division and spousal support provisions, arguing the court erred in finding dissipation and in the spousal‑support award/duration.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Kenneth dissipated marital assets Mary: Kenneth used marital assets post‑separation for personal/household/farm expenses and payments to family, reducing marital estate Kenneth: Spending was legitimate farm and household expenses, not dissipation Court: Affirmed dissipation finding; evidence supported post‑separation, atypical, one‑sided expenditures benefiting Kenneth
Whether property division was equitable given dissipation Mary: Property division should account for dissipation and her smaller share Kenneth: Division was excessive given alleged legitimate payments and valuation uncertainty Court: Affirmed property division as equitable, including adjustment for dissipation
Whether spousal support should be awarded and amount Mary: Needs support; disparity in incomes and lifestyle maintenance justify award Kenneth: Challenged amount/duration given property award and Mary’s assets Court: Affirmed $2,000/month as equitable amount (reduced from $2,300 temporary)
Duration of spousal support Mary: Implied support should continue as ordered by district court Kenneth: Argued duration should consider property settlement and Mary’s ability to draw retirement income Court: Modified duration — support ends when Mary begins receiving Social Security benefits

Key Cases Cited

  • In re Marriage of Witten, 672 N.W.2d 768 (Iowa 2003) (standard of review and deference to trial court credibility findings)
  • In re Marriage of Kimbro, 826 N.W.2d 696 (Iowa 2013) (dissipation of marital assets doctrine and factors)
  • In re Marriage of Fennelly, 737 N.W.2d 97 (Iowa 2007) (two‑prong dissipation test and factors for assessing expenditures)
  • In re Marriage of Schenkelberg, 824 N.W.2d 481 (Iowa 2012) (spousal support is discretionary and fact‑specific)
  • In re Marriage of Olson, 705 N.W.2d 312 (Iowa 2005) (spousal support is not an absolute right)
  • In re Marriage of McLaughlin, 526 N.W.2d 342 (Iowa Ct. App. 1994) (property division and alimony must be evaluated together)
  • In re Marriage of Mauer, 874 N.W.2d 103 (Iowa 2016) (reducing/terminating support based on spouse’s ability to draw retirement income)
Read the full case

Case Details

Case Name: In Re the Marriage of Mary J. Nelson and Kenneth L. Nelson Upon the Petition of Mary J. Nelson, and Concerning Kenneth L. Nelson
Court Name: Court of Appeals of Iowa
Date Published: Aug 16, 2017
Docket Number: 16-0293
Court Abbreviation: Iowa Ct. App.