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, 2017Background
- 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)
