In RE the Marriage of Julianne R. Schenkelberg and Gary W. Schenkelberg. Upon the Petition of Julianne R. Schenkelberg
824 N.W.2d 481
Iowa2012Background
- Marriage dissolution case in Iowa involving Julianne R. Schenkelberg and Gary W. Schenkelberg; premarital agreement found valid under IUPAA after bifurcated trial.
- District court allocated property per premarital agreement: Julianne $312,295; Gary $1,769,517; spousal support set at $5,000 per month then $2,000 after age 62, with no expert fees awarded.
- Julianne appealed on validity of premarital agreement, equity of property division, sufficiency of spousal support, and denial of attorney expert fees.
- Court of Appeals affirmed the district court on premarital agreement and property distribution; Julianne sought further review.
- Court sua sponte found Gary’s income for support calculations was substantially higher than the district court’s $208,000 average, based on S-corp distributions and loans evidence.
- Court ultimately vacated the spousal support and expert-fee rulings and modified: spousal support set at $7,000 per month for life; additional $17,050 in expert-fee damages awarded; costs split.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of premarital agreement | Schenkelberg argues premarital agreement invalid. | Schenkelberg contends agreement valid and enforceable. | Premarital agreement valid; affirmed. |
| Equity of property distribution | Distribution inequitable given IUPAA and premarital terms. | Distribution equitable under premarital terms. | Distribution affirmed as equitable. |
| Adequacy of spousal support | Support amount insufficient to maintain life-style; income understatement. | Support appropriate given assets and need. | Spousal support modified to $7000 per month for life. |
| Attorney expert fees | Expert fees should be reimbursed due to necessity for trial prep. | District court properly denied expert-fee reimbursement. | Award of $17,050 for expert services affirmed; overall expert-fee ruling modified. |
Key Cases Cited
- In re Marriage of Becker, 756 N.W.2d 822 (Iowa 2008) (standard for reviewing spousal-support awards; equity-focused)
- In re Marriage of Olson, 705 N.W.2d 312 (Iowa 2005) (spousal support framework and deference to trial court)
- In re Marriage of Hansen, 733 N.W.2d 683 (Iowa 2007) (comparative income in determining support)
- Maher, 596 N.W.2d 561 (Iowa 1999) (attorney-fee awards in dissolution proceedings and scope)
- Muelhaupt, 439 N.W.2d 656 (Iowa 1989) (allowing expert-fee consideration in attorney-fee awards)
- Hills Bank & Trust Co. v. Converse, 772 N.W.2d 764 (Iowa 2009) (deference to broader equitable review in dissolution cases)