Iowa Marital Settlement Agreement

Introduction

Key Things to Know

1. 1

   In Iowa, where a divorce court aims for a fair split rather than an automatic 50/50 one and keeps each spouse's gifts and inheritances separate, a marital settlement agreement is the written contract the spouses use to settle property and debt division, spousal support, and by reference custody and child support for the decree that ends the marriage.

2. 2

   Iowa is an equitable distribution state, not a community property state. The court divides all property, except inherited property or gifts received or expected by one party, equitably between the parties (Iowa Code 598.21(5)). Equitable means a fair division, which is not necessarily a 50/50 split.

3. 3

   Property that either spouse inherited or received as a gift, before or during the marriage, is that spouse's own property and is not divided, unless the court finds that refusing to divide it would be inequitable to the other spouse or to the children (Iowa Code 598.21(6)).

4. 4

   Iowa has no statewide formula or percentage for spousal support. A court may grant support to either party for a limited or indefinite length of time after weighing the factors listed in Iowa Code 598.21A, such as the length of the marriage, each party's earning capacity, and the feasibility of becoming self-supporting.

5. 5

   Child support follows the uniform guidelines maintained by the Iowa Supreme Court (Iowa Code 598.21B). There is a rebuttable presumption that the guideline amount is correct; custody and child support stay subject to court approval and remain modifiable and cannot be bargained away.

6. 6

   When the spouses have entered into a written agreement settling all of the issues involved in the dissolution, and the other requirements are met, the court may enter a decree of dissolution without a hearing (Iowa Code 598.8). The agreement is presented to the court and incorporated into the decree.

7. 7

   An Iowa marital settlement agreement must be in writing and signed by both spouses. No Iowa statute requires the agreement to be notarized, and no decree dissolving the marriage is granted until at least ninety days have passed from service of the original notice (Iowa Code 598.19).

Iowa Requirements for Marital Settlement Agreement

• Equitable Distribution of Property

  Iowa is an equitable distribution state, not a community property state. The court divides all property, except inherited property or gifts received or expected by one party, equitably between the parties (Iowa Code 598.21(5)). Equitable means a fair division, which is not necessarily a 50/50 split.

• Inherited and Gifted Property Excluded

  Property that either party inherited or received as a gift, before or during the marriage, is the property of that party and is not divided, unless the court finds that refusing to divide it would be inequitable to the other party or to the children (Iowa Code 598.21(6)).

• No Statewide Spousal Support Formula

  Iowa has no statewide formula or percentage for spousal support. A court may grant support to either party for a limited or indefinite length of time after weighing the factors in Iowa Code 598.21A, such as the length of the marriage, the earning capacity of each party, and the feasibility of becoming self-supporting.

• Child Support Follows the Guidelines

  Child support follows the uniform guidelines maintained by the Iowa Supreme Court (Iowa Code 598.21B). There is a rebuttable presumption that the guideline amount is correct, and a court will not vary from it without a written finding that applying the guidelines would be unjust or inappropriate.

• Custody and Child Support Stay Modifiable

  Custody and child support terms in an Iowa marital settlement agreement remain subject to court approval and can be modified later in the best interests of the children. These terms cannot be bargained away and are never fixed the way a property division can be.

• In Writing and No Notarization Required

  An Iowa marital settlement agreement must be in writing and signed by both spouses (Iowa Code 598.8 refers to a written agreement settling all of the issues). No Iowa statute requires notarization, though signing before a notary can help prove the signatures are genuine.

• Ninety-Day Waiting Period

  No decree dissolving the marriage is granted until at least ninety days have elapsed from service of the original notice, the last day of publication, or the filing of a waiver or acceptance of notice, whichever is longer (Iowa Code 598.19). A court may grant a decree sooner only on a showing of emergency or necessity.

• Incorporation Into the Decree

  The signed agreement is presented to the court and incorporated into the decree of dissolution. Where the parties have entered into a written agreement settling all of the issues, the court may enter a decree without a hearing (Iowa Code 598.8), though it must still approve the terms.