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Iowa Property Distribution Laws

In an Iowa divorce, the Court will divide all property in an equitable manner. This includes all separate property, such as property that was acquired before or after the marriage, other than gifts and inheritances received prior to or during the marriage. The Court will consider the followingin dividing the property in an Iowa divorce action:

• the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker or in child care;

• any property brought to the marriage by each party;

• the contribution by one party to the education, training, or increased earning capacity of the other;

• the length of the marriage;

• the age and physical and emotional health of the spouses;

• the federal income tax consequences of the court's division of the property;

• the time and expense necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment;

• any premarital or marital settlement agreement;

• the present and potential earning capability of each spouse, including educational background, training, employment skills, work experience, and length of absence from the job market;

• whether the property award is in stead of or in addition to alimony and the amount and duration of any such alimony award;

• the total economic circumstances of the spouses, including any pension benefits;

• the desirability of awarding the family home to the spouse with custody of any children;

• any custodial provisions for the children;

• the amount and duration of any maintenance payments; and

• any other factors that are relevant.

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