Des Moines Alimony Attorneys

Seeking Justice in Spousal Support Orders

Iowa law gives family court judges tremendous discretion when deciding whether to order spousal support, how much to order, and for how long. Since a decision regarding alimony could be the single greatest factor determining your future financial security, you need experienced representation from an attorney who is dedicated to delivering favorable results.

At Hope Law Firm, we’ve been litigating tough divorce cases – often involving high net worth marital estates – since 2003. We’ve often been successful reaching settlement agreements to take the final decision out of the judge’s hands, but we’re prepared to fight in court if that’s what it takes to reach a fair outcome.

Contact us online or call (515) 298-5056 to get started on your case with a free consultation.

The Court’s Broad Discretion in Iowa Alimony Cases

Under Iowa Code § 598.21A, “the court may grant an order requiring support payments to either party for a limited or indefinite length of time.”

That gives the court immense power – it could grant:

• No alimony — As is often appropriate when each spouse has a career and roughly equal income
• Alimony for a set, limited period of time — Known as “rehabilitative support” for a spouse who needs time, training, or education to enter or re-enter the workforce
• Alimony with no definite end-point — Traditional alimony that might result in a lifetime award is common for long-term marriage where the spouses are older
• Alimony to repay an obligation — “Reimbursement alimony” is awarded when one spouse has supported the other’s career advancement by paying education expenses, especially for advanced degrees and professional licenses.

With such a divergence in potential outcomes, you have to make sure you’ve selected quality legal representation to present your case.

Factors Used to Decide Alimony Awards

To get a fair outcome, you have to retain a Des Moines alimony attorney who understands the factors the court weighs in reaching its decision and who comes prepared with a compelling argument that advances your position.

When awarding alimony, courts may consider:

• The length of the marriage
• The age and physical and emotional health of the parties
• The distribution of property made pursuant to section 598.21
• The educational level of each party at the time of marriage and at the time the action is commenced
• The earning capacity of the party seeking maintenance, including educational background, training, employment skills, work experience, length of absence from the job market, responsibilities for children under either an award of custody or physical care, and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment
• The feasibility of the party seeking maintenance becoming self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, and the length of time necessary to achieve this goal
• The tax consequences to each party
• Any mutual agreement made by the parties concerning financial or service contributions by one party with the expectation of future reciprocation or compensation by the other party
• The provisions of a prenuptial agreement
• Other factors the court may determine to be relevant in an individual case

That last factor opens the door to any number of points your attorney can raise for the court to consider. At Hope Law Firm, we have the experience to use that opening in the law to our client’s advantage, and to fight for a favorable outcome.

Challenges to Getting Spousal Support in Iowa

While Iowa law allows courts significant discretion in determining spousal support awards. Understanding the common challenges to getting spousal support in Iowa is critical for anyone seeking fair financial support after a divorce.

Proving financial need is a key challenge in securing alimony, as courts assess whether the requesting spouse lacks the resources to maintain a lifestyle similar to that during the marriage. Employment or significant assets can lower the chances of approval. The length of the marriage also plays a role, with shorter marriages making alimony harder to obtain unless factors like health issues or income disparities exist.

Additionally, property settlements impact decisions, as receiving substantial assets may reduce the likelihood of spousal support unless it can be shown that these assets cannot cover living expenses.

Lastly, arguments of self-sufficiency can complicate requests, particularly if the opposing party demonstrates that the spouse can become financially independent; countering this requires strong evidence of financial needs, educational requirements, or caregiving responsibilities.

How a Des Moines Alimony Attorney Can Help

A skilled Des Moines alimony attorney can guide you through the complexities of Iowa’s spousal support laws and help you overcome these challenges. Here’s how they can assist:

• Building a Strong Case: An experienced spousal support lawyer in Iowa knows the intricacies of proving your need for alimony. They’ll gather and present compelling evidence, such as financial records, work histories, and expert testimony, to demonstrate your financial need and your spouse’s ability to pay.
• Negotiating Settlements: Alimony attorneys in Des Moines are adept at negotiating fair alimony agreements during mediation or collaborative divorce. By crafting strong arguments supported by Iowa law, they can push for settlements that meet your financial needs without requiring a drawn-out court battle.
• Challenging Unjust Oppositions: If the other party challenges your request for alimony, your attorney will effectively counter with legal arguments and data-driven evidence. They’ll help ensure that your spouse’s claims of self-sufficiency or overvalued assets don’t unfairly hinder your case.

At Hope Law Firm, we’ve been advocating for clients in tough alimony disputes for over two decades. We have the experience and determination to guide you through every step of the divorce process, ensuring the court understands the full scope of your financial needs. When it comes to securing the spousal support you deserve, our team is here to help.

Contact us today at (515) 298-5056 for a free consultation and learn how we can help you create a strategy for success.