Iowa Property Division Laws
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The following is a summary of Iowa property division laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute has been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Iowa Code or ask an attorney how the law might apply to your particular situation.

 

Separate Property.
Property inherited by either party or gifts received by either party prior to or during the course of the marriage is the property of that party and is not subject to a property division, except upon a finding that refusal to divide the property is inequitable to the other party or to the children of the marriage.

-From Section 598.21 of the Iowa Code.

 

Factors Determining Division of Marital Property.
The court shall divide all property, except inherited property or gifts received by one party, equitably between the parties after considering all of the following:

a. The length of the marriage.

b. The property brought to the marriage by each party.

c. The contribution of each party to the marriage, giving appropriate economic value to each party's contribution in homemaking and child care services.

d. The age and physical and emotional health of the parties.

e. The contribution by one party to the education, training, or increased earning power of the other.

f. The earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage.

g. The desirability of awarding the family home or the right to live in the family home for a reasonable period to the party having custody of the children, or if the parties have joint legal custody, to the party having physical care of the children.

h. The amount and duration of an order granting support payments to either party pursuant to section 598.21A and whether the property division should be in lieu of such payments.

i. Other economic circumstances of each party, including pension benefits, vested or unvested, and future interests.

j. The tax consequences to each party.

k. Any written agreement made by the parties concerning property distribution.

l. The provisions of an antenuptial agreement.

m. Other factors the court may determine to be relevant in an individual case.

-From Section 598.21 of the Iowa Code.

 

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Go to another Iowa Divorce Page:
General Iowa Divorce Laws
Iowa Alimony Laws
Iowa Child Custody Laws
Iowa Child Support Laws
Iowa Divorce Laws and Property Division

 

© Help Yourself Divorce 2002-2008

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.

This information has been summarized from the Iowa statutes. You can find the full-text version of these and other Iowa divorce statutes online here: Iowa Divorce Laws.