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In re Marriage of Maro2/24/2005
Helen Maro appeals and Delbert Maro cross-appeals from the decree dissolving their marriage. AFFIRMED AS MODIFIED.
Helen Maro appeals and Delbert Maro cross-appeals from the decree dissolving their marriage. We affirm the district court's alimony award; however, we modify the property distribution and delete a provision from the district court's decree.
Background Facts and Proceedings
Helen and Delbert were married on July 3, 1971, and had four children, all of whom are now adults. At the time of the marriage, Delbert was employed at John Deere in Dubuque, while Helen worked at Midland Laboratories in Dubuque. Helen brought to the marriage assets valued at approximately $3,400. Delbert owned a residential building site at the time of the marriage and he used approximately $21,000 in savings he had accumulated before the marriage to purchase building materials used in the construction of the marital home on that site.
Helen quit her job after she became pregnant and did not work outside of the home until 1999. Delbert continued working at John Deere throughout the marriage. Helen filed an action for separate maintenance; and Delbert counterclaimed for a dissolution of the marriage. Both parties were fifty-five years of age at the time of trial.
Helen, a high school graduate, was out of the workforce while the parties raised four children who are all now adults. After she returned to workforce in 1999, Helen was employed in the dietary department at Finley Hospital, as a industrial seamstress, as a substitute teacher's associate in the Dubuque schools, and as a part-time house cleaner. Her highest wage in these jobs has been $8.28 per hour. In 2003 Helen earned W-2 earnings of $13,459 plus $1,080 from housecleaning. She is enrolled in an unaccredited adult education class to learn about computers. Her current employment does not provide health insurance, and she expects COBRA coverage will cost $395 per month. Helen's prescription medications to treat osteoarthritis, gastrointestinal symptoms, and other health related conditions cost approximately one $150 per month. Helen is scheduled to undergo a carpal tunnel surgery.
Delbert earns an hourly wage of $26.50, and earned $69,305 for regular and overtime hours in 2003. Having worked more than thirty years for John Deere and attained the age of fifty-five, Delbert is eligible to retire under John Deere's pension plan. Delbert testified he suffers from acid reflux disease, and has a history of numbness and pain in his extremities. He testified that although he experienced symptoms similar to muscular sclerosis for which he consulted a neurologist, he has been doing better in recent years and has continued to work full time. The record does not disclose that Delbert has received recent medical treatment for any of these conditions.
In 2002, Helen separated from Delbert and moved to a home which she had purchased in Dubuque. Delbert remained in the marital home in LaMotte. In October of that year, Helen filed a "Petition for Legal Separation." Delbert responded by filing a counterclaim seeking dissolution of the marriage. Following a trial, the district court entered a decree dissolving the parties' marriage.
The district court allocated to Delbert assets with a net value of $616,823, and allocated to Helen assets with a net value of $72,747. The court then ordered Delbert to pay Helen the sum of $272,038 within thirty days after the dissolution decree was filed. This property divided by the district court included the commingled life insurance proceeds, the inheritance distributions, and the personal injury settlement proceeds received by Helen during the marriage
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