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IN RE MARRIAGE OF PLASENCIA10/31/1995
[541 NW2d Page 925]
Respondent-appellant Raphael A. Plasencia challenges the order dissolving his marriage to petitioner-appellee Deborah H. Plasencia. Raphael claims the court (1) failed to equitably divide the parties' assets; (2) failed to properly value Deborah's education and earning potential; and (3) assumed the role of an advocate in Deborah's favor. We affirm as modified.
Deborah, thirty-seven at the time of the dissolution, and Raphael, thirty-eight at the time of the dissolution, were married in 1982. They have two children, Danielle, born in 1985, and Michael, born in 1991. The parties agreed to joint legal custody of the children with Deborah having primary physical care.
The district court divided Deborah and Raphael's personal property. The personal property was not valued by the district court. The court set aside to Deborah assets she brought into the marriage. Deborah was ordered to pay debts of $11,063. Raphael was ordered to pay debts of $11,153. Deborah was given the right to live in the family home in Carlisle, Iowa, until the youngest child reaches the age of eighteen when the house is to be sold and the proceeds divided equally. Deborah was ordered to pay the mortgage, taxes, and insurance. There appears to be little equity in the home. Each party was awarded his or her IPERS account. Raphael's IRA was divided equally. The court awarded Deborah twenty-five percent of Raphael's net recovery in a pending personal injury claim. No alimony or attorney fees were awarded.
Raphael contends the property distribution was not equitable to him. Raphael claims Deborah received a greater amount of the parties' property. Raphael contends the district court should have adopted his valuations for the property. Raphael advances the court awarded Deborah property she did not ask for and there were some items which were not distributed by the court.
Deborah responds the division of property was equitable. She states she did ask to receive the property which was awarded to her. According to Deborah, the court took the parties' requests into consideration in dividing the personal property.
Deborah, who had a bachelor's degree, worked outside the home at the time of marriage. In 1986, Deborah decided to go back to school for a master's degree in social work. She worked part-time while going to school. The parties borrowed $17,000 while Deborah was in school, $6800 of which was for tuition and books, and the remainder for living expenses not covered by Raphael's earnings. Deborah obtained a master's degree in 1990 from the University of Iowa and began working for Des Moines Public Schools as a counselor. Deborah's annual income is about $24,000. She has $3063 in her IPERS retirement account.
Raphael has a high school education and has taken some classes at the American Institute of Business in Des Moines. He worked for Statesman Insurance and accumulated a retirement fund of $32,197 now held in an IRA . Raphael is currently employed as a computer programmer by the State of Iowa. He has annual income of about $32,000. Raphael has $3395 in his IPERS retirement account. Raphael was injured in 1990 and is pursuing a tort claim to be compensated for the injuries.
The partners in a marriage are entitled to a just and equitable share of the property accumulated through their joint efforts. In re Marriage of Russell, 473 N.W.2d 244, 246 (Iowa App. 1991). The Iowa courts do not require an equal division or percentage distribution. Id. The determining factor is what is fair and equitable in each particular case. Id.
Raphael contends the district court should have considered Deborah's degree as an asset.
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