In re the Marriage of Wilde
20-1386
| Iowa Ct. App. | Sep 22, 2021Background
- Cheryl and James Wilde were married 46 years; Cheryl (67) worked outside the home and earned more income; James (71) had a backhoe/septic business and later declined in health.
- At trial James resided in a nursing home and received Medicare/Medicaid; Cheryl lived on the marital acreage and received Social Security and pension benefits.
- The couple held jointly owned real and personal property and incurred debts, with increased debt in later years tied to James’s health decline.
- The district court divided assets and debts equally, resulting in a structured cash payment from Cheryl to James.
- Cheryl appealed, arguing the court erred by (1) not giving weight to her greater economic contributions, (2) failing to account for James’s dissipation of marital assets, and (3) failing to factor that Medicaid limits James’s accessible assets.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cheryl’s greater financial contributions warranted an unequal division | Cheryl: her higher lifetime earnings justify a larger share | James: his nonfinancial and long-term contributions and the marriage’s operating arrangement support equality | Court affirmed equal split; intangible contributions and lack of quantifiable shortfall supported equality |
| Whether James dissipated marital assets prior to dissolution | Cheryl: business losses/depreciation and expenditures show dissipation | James: deductions were legitimate business expenses and Cheryl acquiesced in joint tax filings | No dissipation proved; expenditures treated as legitimate and no adjustment made |
| Whether James’s receipt of Medicaid should limit his share of assets | Cheryl: Medicaid implies limits on assets and warrants reducing James’s share | James/Record: no evidence Medicaid imposed such limits; speculative | Court declined to invent evidence; claim unsupported and decree not modified |
Key Cases Cited
- In re Marriage of Mauer, 874 N.W.2d 103 (Iowa 2016) (dissolution proceedings reviewed de novo)
- In re Marriage of Sullins, 715 N.W.2d 242 (Iowa 2006) (appellate court gives weight to district court fact findings)
- In re Marriage of Smith, 573 N.W.2d 924 (Iowa 1998) (property division ordinarily not disturbed unless it fails to do equity)
- In re Marriage of McDermott, 827 N.W.2d 671 (Iowa 2013) (equitable division governed by statutory factors)
- In re Marriage of Hansen, 733 N.W.2d 683 (Iowa 2007) (statutory factors guide property division)
- In re Marriage of Kimbro, 826 N.W.2d 696 (Iowa 2013) (dissipation doctrine and discussion that equality is often equitable)
- In re Marriage of Fennelly, 737 N.W.2d 97 (Iowa 2007) (nonfinancial contributions and intangible marital contributions are relevant)
- Inghram v. Dairyland Mut. Ins. Co., 215 N.W.2d 239 (Iowa 1974) (court will not assume a partisan role or invent evidence for an appellant)