Iowa Divorce Property Division

What the Law Says

Iowa courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

Iowa divides all property, except inherited or gifted property, equitably between the parties under Iowa Code §598.21(5), which enumerates thirteen factors — from the length of the marriage, property brought to the marriage, and each party's contributions (giving homemaking and child care their economic value) through earning capacity, the family home for a custodial parent, support arrangements, pensions, tax consequences, and the parties' written and antenuptial agreements. Inherited and gifted property is excluded from division (§598.21(6)) unless exclusion would be inequitable. There is no statutory presumption of a 50/50 split.

Division Factors (Iowa Code §598.21)

What Iowa courts weigh:

1. Length of the marriage (§598.21(5)(a))
2. Property brought to the marriage by each party (§598.21(5)(b))
3. Contribution of each party to the marriage, giving appropriate economic value to each party's contribution in homemaking and child care services (§598.21(5)(c))
4. Age and physical and emotional health of the parties (§598.21(5)(d))
5. Contribution by one party to the education, training, or increased earning power of the other (§598.21(5)(e))
6. Earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, and custodial responsibilities (§598.21(5)(f))
7. Desirability of awarding the family home or the right to live in it for a reasonable period to the party having custody of the children (§598.21(5)(g))
8. Amount and duration of any support payments and whether the property division should be in lieu of such payments (§598.21(5)(h))
9. Other economic circumstances of each party, including pension benefits, vested or unvested (§598.21(5)(i))
10. Tax consequences to each party (§598.21(5)(j))
11. Any written agreement made by the parties concerning property distribution (§598.21(5)(k))
12. Provisions of an antenuptial agreement (§598.21(5)(l))
13. Other factors the court may determine to be relevant in an individual case (§598.21(5)(m))

Common Questions