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In re Marriage of Anliker4/1/2005
-term marriage of nearly 20 years. Scott has a substantially better earning capacity than Donna, who is permanently disabled. Donna's earning capacity appears limited to her social security disability benefits. Scott continues to have an earning capacity of $50,000 annually or more. Scott will have far greater social security retirement benefits than Donna. Additionally, Scott receives use of a vehicle as an employment benefit and does not currently have the expense of car payments. While Scott is to be commended for his support of Donna's children, which has been ongoing even after they became adults, the Court takes note that the settlements she received for injuries and future disabilities were invested in the marriage and are no longer available to Donna at the very time she needs the money.
In view of these findings, which are fully supported in the record and which we adopt, we think the spousal support award of $1250 per month in traditional alimony until Donna attains the age of sixty-five or either party dies was equitable and should not be disturbed. Cf. In re Marriage of Brown, 487 N.W.2d 331, 334-35 (Iowa 1992) (spousal support in the form of traditional alimony affirmed where parties were married almost nineteen years, recipient spouse was in poorer health than payor spouse, payor spouse was skilled machinist and recipient spouse performed unskilled labor and had no specialized skills or training, payor spouse's income was substantially more than recipient spouse's income, and support payments would be taxable to the recipient and tax deductible to the payor); In re Marriage of Debler, 459 N.W.2d 267, 268-70 (Iowa 1990) (spousal support award in the form of traditional alimony affirmed where there was a twenty-two year marriage, recipient spouse lacked skills to earn more than minimum wage, recipient spouse stayed home to care for the parties' children pursuant to the parties' joint decision, recipient spouse had only a high school education, recipient spouse has no pension, and payor spouse was skilled laborer with pension and present income from one job three times what recipient spouse made working three jobs).
VI. Debt Division
The last issue Scott raised on appeal was that in light of the spousal support award in the form of traditional alimony the debt division was not equitable. He contends that if the spousal support award is affirmed, Donna should assume more of the debt burden.
Iowa Code section 598.21(1) directs the district court to divide the property "equitably between the parties" after considering a number of factors. Such factors that are pertinent here include (1) the length of the marriage, (2) the property brought into the marriage by each party, (3) the age and physical and emotional health of each party, (4) the earning capacity of each party, (5) the amount of spousal support awarded, and (6) other economic circumstances of each party. Iowa Code ยง 598.21(1)(a), (b), (d), (f), (h), (i). As the court of appeals noted, adjudicating property rights in a dissolution action has to involve a division between the parties of their marital assets and debts. And in deciding what constitutes an equitable distribution of property, there need not be an equal division if the division is justified and equitable under all of the circumstances and factors set forth in section 598.21(1). In re Marriage of McNerney, 417 N.W.2d 205, 209 (Iowa 1987).
Reaching its conclusion concerning the debt division, the district court expressly mentioned and relied on these principles and statutory factors and found:
In this case, the Court's determination will result in a negative award to both parties. The Court has, therefore, determined
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