Opinion

In Re the Marriage of Francis

  • 442 N.W.2d 59
  • 1989 Iowa Sup. LEXIS 186
  • 1989 WL 63549
Court
Supreme Court of Iowa
Filed
Jun 14, 1989
Status
Published
Author
Carter
On the bench
Neuman, Carter, Andreasen
Cited by
136 cases

stating reimbursement alimony “is predicated upon economic sacrifices made by one spouse during the marriage that directly enhance the future earning capacity of the other”

How later courts described this case

  • stating reimbursement alimony “is predicated upon economic sacrifices made by one spouse during the marriage that directly enhance the future earning capacity of the other”
  • explaining, in reviewing an initial dissolution decree, that traditional alimony is “payable for life or so long as a spouse is incapable of self-support”
  • stating prior cases “interchangeably used property awards and alimony” to compensate the non-student spouse
  • “We conclude, however, that for marriages of short duration which are devoted almost entirely to the educational advancement of one spouse and yield the accumulation of few tangible assets, alimony—rehabilitative, reimbursement, or a combination of the two—rather than an award of property, furnishes a fairer and more logical means of achieving the equity sought under [our precedent].”

Written by the judges who cited it.

The opinion

CARTER, Justice

(dissenting in part).

I believe the trial court was correct in concluding that the type of spousal reimbursement which is the primary issue on this appeal has all of the attributes of a property settlement. I would treat it as such rather than characterizing it as alimony.

ANDREASEN, J., joins this partial dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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