In re the Marriage of Shanks
2011 Iowa App. LEXIS 653
| Iowa Ct. App. | 2011Background
- Randall and Teresa Shanks married in Jamaica on April 23, 1998, as a second marriage for both; they executed a premarital agreement ten days before marriage.
- A dissolution petition was filed November 23, 2004; the district court bifurcated trial with first addressing validity of the premarital agreement and later addressing property division, alimony, and attorney fees.
- Supreme Court decisions on premarital agreement issues were issued in 2008, upholding enforceability of the premarital agreement and remanding for further proceedings.
- The district court on remand (May 13, 2009) recognized the premarital agreement, divided property, fixed alimony and fees; Randall appealed and Teresa cross-appealed.
- The court conducted de novo review of dissolution, treated premarital agreements as contracts, and ultimately affirmed as modified, including some changes to alimony and attorney fee awards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Property division under premarital agreement | Shanks contends joint property valuation and 15% credit were misapplied | Shanks contends district court correctly valued joint property and applied premarital terms | Valuations within permissible range; affirmed as to property division |
| Proceeds from sale of residence and premarital credits | Teresa should receive 20% of sale proceeds per premarital terms | Randall paid most construction costs; district court's treatment correct | Premarital contributions recognized; affirmed the district court’s handling of proceeds |
| Alimony entitlement and amount | Premarital waiver invalid; alimony appropriate and rehabilitative | Waiver valid; alimony should be limited or unnecessary | Alimony awarded pending appeal was excessive; rehabilitative alimony eliminated; modified |
| Attorney fees on remand | District court could award fees as part of enforcement | Remand limited to enforcement and alimony; fees improper | Strike the attorney-fee award; no appeal fees awarded; costs split |
Key Cases Cited
- In re Marriage of Spiegel, 553 N.W.2d 309 (Iowa 1996) (contract-like treatment of premarital agreements; general contract standards)
- In re Marriage of Dennis, 467 N.W.2d 806 (Iowa 1991) (valuation range governs appellate review of asset valuations)
- In re Marriage of Sullins, 715 N.W.2d 242 (Iowa 2006) (district court valuations within permissible range; deference to trial court)
- In re Marriage of O’Rourke, 547 N.W.2d 864 (Iowa Ct.App.1996) (rehabilitative alimony purposes and statutory factors)
- In re Marriage of Davis, 608 N.W.2d 766 (Iowa 2000) (remand limitations; district court must comply with appellate mandate)