Iowa Legal Separation Agreement
Iowa offers legal separation as a decree of separate maintenance under Iowa Code chapter 598, so a couple can settle their affairs by court order while staying married. Attorney review available.
Find out where you stand in Iowa
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Introduction
In Iowa, what people call a legal separation is a court action for separate maintenance. A petition for separate maintenance is filed in the same way as a petition for dissolution of marriage, and all of the applicable provisions of Iowa Code chapter 598 apply to it (Iowa Code 598.28). The critical difference from a divorce is the result: a decree of separate maintenance does not dissolve the marriage. The spouses stay legally married and neither may remarry, even though the court can address support, custody, and the couple's property just as it would in a divorce. Iowa is a no-fault state, so the ground for separate maintenance is the same one used for a dissolution: a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved (Iowa Code 598.17, applied to separate maintenance through 598.28). Neither spouse has to prove the other was at fault. To file, the petitioner generally must have been a resident of Iowa for the year before filing (Iowa Code 598.6). People choose separate maintenance over divorce to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security benefits, for religious reasons, or as a step while they decide whether to divorce. Iowa divides marital property by equitable distribution, and because that division is the same one used in a divorce, those terms belong in an Iowa Marital Settlement Agreement; if you decide to end the marriage, the pleading that starts it is an Iowa Divorce Petition. DocDraft builds your Iowa separation agreement from your facts, with attorney review available before you sign.
Key Things to Know
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In Iowa, legal separation takes the form of a decree of separate maintenance. A petition for separate maintenance is filed as in a dissolution of marriage, and all applicable provisions of Iowa Code chapter 598 apply (Iowa Code 598.28); the couple stays legally married and neither spouse may remarry.
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A decree of separate maintenance does not dissolve the marriage. It lets the court order support, custody, and a division of the couple's property while the spouses remain married, which is the key difference from a divorce.
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Iowa uses one no-fault ground. Separate maintenance is granted on the same ground as a dissolution: a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved (Iowa Code 598.17, applied through 598.28). Neither spouse must prove fault.
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To file for separate maintenance in Iowa, the petitioner generally must have been a resident of Iowa for the year immediately before filing (Iowa Code 598.6).
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Couples choose Iowa separate maintenance over divorce to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security benefits, for religious reasons, or as a step while they decide whether to divorce.
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A separate maintenance action can later become a dissolution if either spouse decides to end the marriage. The orders in the separate maintenance decree can carry into the final dissolution.
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Iowa divides marital property by equitable distribution. Because that division is the same one used in a divorce, those terms belong in an Iowa marital settlement agreement rather than the separation itself; see the Iowa marital settlement agreement page.
Key decisions before you file
Before you file a Legal Separation Agreement in Iowa, a few decisions shape the document: which option to choose and what each one means. The Legal Separation Agreement guide walks through them.
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Iowa Requirements for Legal Separation Agreement
Decree of Separate Maintenance
In Iowa, legal separation takes the form of a decree of separate maintenance. A petition is filed as in a dissolution of marriage and all applicable provisions of Iowa Code chapter 598 apply (Iowa Code 598.28). The couple stays legally married and neither spouse may remarry.
Marriage Not Dissolved
A decree of separate maintenance does not dissolve the marriage. The court can order support, custody, and a division of the couple's property, but the spouses remain married and neither may remarry. Ending the marriage requires a dissolution of marriage.
No-Fault Breakdown Ground
Iowa uses a single no-fault ground for both separate maintenance and divorce: a breakdown of the marriage relationship to the extent that the legitimate objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved (Iowa Code 598.17, applied through 598.28). Neither spouse must prove fault.
Residency to File
To file for separate maintenance in Iowa, the petitioner generally must have been a resident of Iowa for the year immediately before filing the petition (Iowa Code 598.6). The residency rule tracks the one used for a dissolution because the same chapter 598 provisions apply.
Spousal Support in the Decree
In a separate maintenance decree the Iowa court may order spousal support. Because the action proceeds under the same chapter as a dissolution (Iowa Code 598.28), the court addresses support on the same basis it would in a divorce.
Equitable Division of Property
Iowa divides marital property by equitable distribution rather than as community property. Because this is the same division used in a divorce, set it out in an Iowa marital settlement agreement rather than in the separation itself.
Reasons to Choose Separate Maintenance
Couples choose Iowa separate maintenance over divorce to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security benefits, for religious reasons, or as a step while deciding whether to divorce. Confirm insurance effects with the plan, since many treat a separation like a divorce.
Separation Versus Marital Settlement Agreement
An Iowa separate maintenance decree sets the couple's status; a marital settlement agreement is the contract that divides property and sets support and is used in both a separation and a divorce. Keep the money and parenting terms in the marital settlement agreement and rely on the separate maintenance decree for status.