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In re Marriage of Reich

Court of Appeal of Iowa

June 26, 2013

IN RE THE MARRIAGE OF BRUCE DANIEL REICH AND KIMBERLY KAY REICH Upon the Petition of BRUCE DANIEL REICH, Petitioner-Appellant, And Concerning KIMBERLY KAY REICH, Respondent-Appellee.

Appeal from the Iowa District Court for Montgomery County, J.C. Irvin, Judge.

Bruce Reich appeals the spousal support provision of the decree dissolving his marriage to Kimberly Reich.

Seth E. Baldwin, Shenandoah, for appellant.

DeShawne L. Bird-Sell, Glenwood, for appellee.

Considered by Doyle, P.J., and Danilson and Mullins, JJ.

DOYLE, P.J.

Bruce Reich appeals the spousal support provision of the decree dissolving his marriage to Kimberly Reich. Bruce contends the district court's award of spousal support to Kim is inequitable under the facts and circumstances of this case. We affirm.

I. Background Facts and Proceedings

Bruce and Kim married in 2001 and divorced in 2012. No children were born during the marriage. At the time of trial, Bruce was forty-two years of age and Kim was forty-six.

Bruce runs a plumbing business and an airplane rental business. Although not completely clear from the record, according to Bruce, his average income from his plumbing business was approximately $30, 000 per year. It is also unclear how much income, if any, Bruce earned from his airplane rental business.[1]

During the marriage, Kim provided support for Bruce's plumbing business, including assistance with the billing, invoices, and accounting. She also took calls from home and dispatched Bruce to jobs. She was not paid for her work for the plumbing business and her income otherwise was "negligible." After the parties' separation, Kim began working as a bank teller, earning eleven dollars per hour. She also received $500 per month in temporary spousal support from Bruce.

In October 2012, the district court entered a decree dissolving the parties' marriage. The court found the parties' net worth to be $90, 000.[2] This included the value of vehicles, business equipment, airplanes, furnishings, and the net value of real property consisting of the marital residence, a "shed" that housed Bruce's business equipment, and a rental property where Bruce's parents lived. The court found Kim was in possession of "a limited number of these assets, " and ordered Bruce to make an equalization payment to Kim in the total amount of $42, 000, to be paid in five equal annual installments.

The court determined an award of spousal support to Kim was appropriate, but found she did "not qualify" for traditional support given her "relatively young" age and ability "to increase her income." Instead, the court concluded Kim should be awarded rehabilitative or reimbursement spousal support, ...


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