IN RE THE MARRIAGE OF GALYN JOHN MOELLER AND TAMRA LEIGH MOELLER Upon the Petition of GALYN JOHN MOELLER, Petitioner-Appellee, And Concerning TAMRA LEIGH MOELLER, Respondent-Appellant.
from the Iowa District Court for Crawford County, Steven J.
appeals the economic provisions in the parties'
dissolution decree. AFFIRMED AS MODIFIED.
C. Badding of Neu, Minnich, Comito, Halbur, Neu &
Badding, PC, Carroll, for appellant.
Sailer of Reimer, Lohman, Reitz, Sailer & Ullrich,
Denison, for appellee.
Considered by Tabor, P.J., and Mullins and Bower, JJ.
Moeller appeals the economic provisions in the parties'
dissolution decree. We find the parties' premarital
agreement is not enforceable because Galyn Moeller did not
provide accurate information on his financial disclosure
form. The district court made alternative findings concerning
the division of the parties' property if the premarital
agreement was found to be unenforceable, and we find this
division is equitable. We also affirm the court's
decision not to award spousal support to Tamra and to order
Galyn to pay part of her trial attorney fees. We do not award
any appellate attorney fees. We affirm the decision of the
district court, although we modify it to find the
parties' premarital agreement is not enforceable.
Background Facts & Proceedings
and Tamra met when they were both employed by The Maschhoffs,
a pork production company. In March 2012, Galyn purchased a
hog barn. Tamra moved to Denison to live with Galyn in August
2012. Galyn purchased a second hog barn in December 2012. He
operates the hog business under the name Moeller Farms, LLC.
In addition, Galyn has a one-half interest in M & W
Freedom Farms, LLC, which leases a property to raise hogs.
Tamra periodically helped Galyn load hogs and perform other
chores both before and after the marriage.
and Tamra got engaged in February 2013 and set a wedding date
for January 24, 2014. At the time of the marriage, Galyn was
fifty-one years old and Tamra was twenty-six. It was
Galyn's third marriage and Tamra's first. Galyn
expressed an interest in having a premarital agreement. On
December 11, 2013, Galyn and Tamra met with Galyn's
attorney, Reed Reitz, to provide him with financial
information. They went back to Reitz's office on January
13, 2014, to sign the premarital agreement.
premarital agreement provides the parties would not have an
interest in the property the other spouse brought to the
marriage, including increases in value. Also, "Galyn and
[Tamra] shall each pay one-half of the living expenses of the
household." The agreement stated upon dissolution of
marriage, "neither party shall seek support, alimony, or
attorney fees from the other." An attached financial
statement showed Galyn had assets worth $1, 445, 000 and
debts of $1, 220, 000, giving him net worth of $225, 000. The
statement showed he had income of $276, 000 per year from
Moeller Hogs and $60, 000 from The Maschhoffs. The statement
showed Tamra had total assets of $13, 000 and debts of $14,
000, for a net worth of -$1000. She had income of $41, 000
the parties married, they opened a joint bank account and
each would deposit their income from The Maschhoffs into the
account, which was used to pay their living expenses. About
two months after the premarital agreement was signed, on
March 13, 2014, Galyn submitted a financial statement to a
bank showing his net worth was $531, 598.
September 1, 2016, Galyn quit his job at The Maschhoffs and
began working full time in his hog production business. After
this, he no longer regularly put money into the parties'
joint checking account but only put money into the account
when necessary. Tamra's wages were used to pay for the
family's day-to-day expenses and Galyn's income was
used to pay down the debt on his hog business. During the
marriage, the equity in the farms increased by $449, 295.
January 18, 2017, Galyn filed a petition for dissolution of
marriage. The parties separated in February 2017. In August
2017, Tamra quit her job at The Maschhoffs and moved to Des
Moines. She is now employed as an animal control ...