IN RE THE MARRIAGE OF SHERRY DIANNE DEKEYSER AND ANDREW ROMAN PERGIEL Upon the Petition of SHERRY DIANNE DEKEYSER, Petitioner-Appellant/Cross-Appellee, And Concerning ANDREW ROMAN PERGIEL, Respondent-Appellee/Cross-Appellant.
from the Iowa District Court for Johnson County, Kevin
appeal and cross-appeal the property division, spousal
support award, and attorney fee award in a dissolution
decree. AFFIRMED ON BOTH APPEALS.
L. Monthei of Scheldrup Blades Schrock Smith, PC, Cedar
Rapids, for appellant.
C. Pavelich of Spies, Pavelich & Foley, Iowa City, for
Considered by Potterfield, P.J., and Tabor and Bower, JJ.
"Dianne" Dekeyser appeals a portion of the property
division, the award of spousal support, and the award of
attorney fees in the parties' dissolution decree. Andrew
Pergiel cross-appeals on the allocation of a retirement
account. We affirm the district court's decree.
Background Facts & Proceedings
and Dianne met in March 2008 and married in December.
Throughout the marriage, the parties kept their assets and
debts separate, maintained separate bank accounts, spent
money on their own children without consulting the other, and
did not plan to pool their assets during retirement.
who was sixty years old at the time of trial, has an adult
child from a prior relationship. Dianne obtained a medical
degree in 2001, incurring significant student loans. She
became a board-certified psychiatrist in 2008. Dianne owned
her home in Fort Madison, which Andrew moved into in February
2009. Dianne has a number of medical conditions. At the time
of trial, Dianne was employed as the psychiatrist in charge
at a hospital with a salary of $234, 000.
who was sixty-three years old at the time of trial, has two
adult children from a prior marriage. He paid child support
for the children and otherwise spent significant sums on his
children throughout the marriage. Andrew sold his home at the
beginning of the marriage. Andrew has a degree in business
administration and worked primarily in the computer field
prior to the marriage but held only short term jobs from 2003
through 2011. In 2011, Andrew obtained fulltime employment in
Dubuque. He then moved to Connecticut for different
employment. After the Connecticut job, Andrew appears to have
mostly had part- time or temporary employment. Generally,
Andrew paid his expenses from accrued savings, retirement
accounts, and an inheritance. Andrew also has medical
conditions including chronic cardiac issues and underwent hip
replacement surgery in September 2015. Andrew receives over
$1600 per month in social security disability benefits.
Andrew's cardiologist testified in deposition that he has
no functional limitations from his chronic cardiac issues.
parties lived apart for over half the marriage. In 2011,
Andrew moved to Dubuque for fourteen months, then Connecticut
for ten months. When he lost that job and moved back to
Dianne's Iowa home, Dianne had moved to Waterloo for a
temporary position. Dianne then obtained a position in
Arizona starting in January 2014 and the parties purchased a
home there, each paying $30, 000 for the down payment. Andrew
and Dianne are both on the deed, but the mortgage is only in
Dianne's name. Andrew moved to the Arizona home in April
2014. Dianne moved back to Iowa in December, working in
Spencer and then Iowa City. Dianne continued to pay the
mortgage for the Arizona home while Andrew paid housing
association fees and some utilities.
filed a petition for dissolution of marriage on December 24,
2015. Dianne sought a protective order against Andrew, but
the parties reached an agreement, including that their funds
would remain separate and Andrew would contribute toward the
Arizona home. Eventually, Dianne applied for and received a
permanent protective order against Andrew in September 2016
and obtained exclusive possession of the Arizona home.
Andrew's request, the parties participated in
conciliation. Andrew filed, then later withdrew, a motion to
dismiss for lack of jurisdiction. He also requested temporary
support and attorney fees. On January 3, 2017, the court
granted Andrew $1000 per month in temporary spousal support.