# In Re the Marriage of Francis

> Supreme Court of Iowa · June 14, 1989 · 442 N.W.2d 59

URL: https://www.frixlaw.com/law-library/cases/9576511

## Case

- **Full name:** In Re the MARRIAGE OF Thomas August FRANCIS and Diana Mora Francis, Upon the Petition of Thomas August Francis, Appellant, and Diana Mora Francis, Appellee
- **Court:** Supreme Court of Iowa
- **Decided:** June 14, 1989
- **Citations:** 442 N.W.2d 59; 1989 Iowa Sup. LEXIS 186; 1989 WL 63549
- **Precedential status:** Published
- **Opinion:** Dissent by Carter
- **Judges:** Neuman, Carter, Andreasen
- **Cited by:** 136 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9576511

## How later opinions describe it (automated extraction)

- 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
- stating trial attorney fee awards are reviewed for an abuse of discretion

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9576511. Public record. Not legal advice.