In Iowa, the spouse who is seeking alimony, also called spousal support, has the burden to show they are entitled to a support award. Iowa law recognizes 4 types of spousal support: (1) Traditional, (2) Reimbursement, (3) Rehabilitative, and (4) Transitional. Courts can issue hybrid support awards which are justified by more than one of the four types of spousal support. While there are no set mathematical formulas to calculate a reasonable amount of spousal support, an attorney can help you understand and calculate an amount which is in the range a court may award.
Traditional:
Traditional spousal support, as the name suggests, is the type of alimony that you are likely most familiar with. Traditional spousal support is awarded in long-term marriages, typically only marriages that last 20 or more years. The goal of this type of support is to allow the receiving spouse to continue living the lifestyle they were accustomed to during the marriage (though it is not usually possible to reach this goal). Traditional spousal support is typically awarded for life or until retirement, but it may be terminated or modified if the receiving spouse reaches a point where they can support their previous lifestyle without alimony, like after a remarriage or retirement.
Reimbursement:
Reimbursement spousal support is awarded to give the receiving spouse a portion of the other spouse’s future earnings. The goal of this type of support is to reimburse the receiving spouse for contributions and sacrifices during the marriage that allowed the other spouse to increase their income. The most common scenario is where the receiving spouse contributed to the other spouse earning a degree to increase their earning capacity. This type of spousal support is typically fixed and not modifiable after a decree is issued.
Rehabilitative:
Rehabilitative spousal support is meant to assist the economically dependent spouse while they obtain additional training or education. The goal is to financially support the receiving spouse temporarily while they get the training necessary to economically support themselves. The receiving spouse must show some specific program or period of time necessary to increase their earning capacity to support themselves financially. The length of this period may be limited or extended based on the needs of the receiving spouse to gain economic independence.
Transitional:
Transitional spousal support is the most recent type recognized by Iowa courts. Transitional support is awarded to a spouse who can already financially support themselves but needs short-term financial assistance. The period of transitional support generally will not exceed one year. Some scenarios that justify transitional support include where the receiving spouse needs assistance to establish their own residence or where the receiving spouse did not receive enough liquid assets or cash from the divorce.
With the various types of spousal support and its impact on other areas of your divorce, such as child support, an attorney at Miller & Evans can help guide you through the process of seeking alimony. Give us a call at (515) 809-9699.