Opinion
No. 5-799 / 05-0398
Filed November 23, 2005
Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge.
Cynthia Beardsley appeals the alimony provisions in the decree dissolving her marriage to Craig Beardsley. AFFIRMED AS MODIFIED.
Samuel Z. Marks of Marks Law Firm, Des Moines, for appellant.
Richard R. Schmidt of Berg, Rouse, Spaulding Schmidt, P.L.C., Des Moines, for appellee.
Considered by Sackett, C.J., and Vogel and Eisenhauer, JJ.
Cynthia Beardsley (Cindy) appeals from the decree dissolving her marriage to Craig Beardsley. She contends the court erred in failing to award her permanent alimony in the amount of $1000 per month. She also contends the court erred in failing to award her trial attorney fees. Both parties request an award of appellate attorney fees.
Craig and Cindy were married in September 1980. At the time, Cindy had two children from a previous relationship, aged two and four. Craig adopted the children shortly after being married.
In the early part of the marriage, Cindy worked outside the home only on the weekends, allowing her to stay home with the children. In 1985, she took a part-time position with the Des Moines Public Schools as an occupational therapist. In 1987, Cindy's position became full-time. Because her employment was with the school district, Cindy's hours allowed her to be home when the children returned from school, during summer vacation, and on school breaks.
In 1994 Cindy became an administrative assistant with KPMG. She was laid off in 1997. She worked for McGladry Pullen for approximately six months before being rehired by KPMG in August of 2001. In November 2001, Cindy began work with the State Auditor's Office. She continues to work there in an entry-level position, earning approximately $29,000 per year.
During the marriage, Craig has worked as a diesel mechanic. He has been employed by Iowa Beverage Systems for approximately fifteen years. He earns twenty-three dollars per hour and has the ability to work overtime. His income in 2004 was approximately $53,000.
The parties separated in April 2004. Craig filed a petition for dissolution on July 6, 2004. Because the parties agreed to the division of the marital property, the only issue at the January 2005 trial was spousal support. The decree dissolving the marriage was entered in February 2005. The court ordered Craig to pay Cindy alimony in the amount of $300 per month for one year, $200 per month the following year, and $100 per month for a final year.
Alimony is not an absolute right. In re Marriage of Dieger, 584 N.W.2d 567,570 (Iowa Ct.App. 1998). Instead, an award of alimony depends on the circumstances of each particular case. Id. When determining the appropriateness of alimony, the court must consider the statutory factors enumerated in Iowa Code section 598.21(3) (2003). The court also considers "(1) the earning capacity of each party, and (2) present standards of living and ability to pay balanced against the relative needs of the other." In re Marriage of Hettinga, 574 N.W.2d 920, 922 (Iowa Ct.App. 1997) (citation omitted). Alimony awards are appropriate following a marriage of long duration, especially where there is a great disparity in earning capacity. In re Marriage of Bell, 576 N.W.2d 618, 622 (Iowa Ct.App. 1998). Although our review of the district court's award of alimony is de novo, we give that court considerable latitude in making this determination based on the criteria in section 598.21(3). In re Marriage of Anliker, 694 N.W.2d 535, 540 (Iowa 2005). We will disturb that determination only when there has been a failure to do equity. Id.
Three different types of alimony may be appropriately awarded: traditional, rehabilitative, and reimbursement. Id. Traditional alimony is payable for life or so long as a spouse is incapable of self-support. Id. Rehabilitative alimony was conceived as a way of supporting an economically dependent spouse through a limited period of re-education or retraining following divorce, thereby creating incentive and opportunity for that spouse to become self-supporting. Id. Reimbursement alimony is predicated upon economic sacrifices made by one spouse during the marriage that directly enhance the future earning capacity of the other. Id. at 541.
We conclude the circumstances of this case call for an award of traditional alimony. This is a marriage of long duration, lasting nearly twenty-five years. The earning disparity between the parties is in excess of $20,000 per year, with Craig earning nearly twice as much as Cindy in 2004. Cindy is currently fifty-one years of age and has only a high school diploma. Although she is taking interior design classes by mail, this appears to be more of a hobby for Cindy than a potential source of income. Her expenses currently exceed her income by approximately $800 per month, although her standard of living has diminished. The evidence shows Cindy is unlikely to achieve the ability to support herself. Accordingly, we order Craig to pay Cindy $300 per month in traditional alimony until such time as she remarries, she dies, Craig dies, or he retires, at which time all alimony obligations shall end.
Cindy also contends the district court erred in denying her request for trial attorney fees. An award of attorney fees on appeal is not a matter of right, but rests within the discretion of the court. In re Marriage of Gonzalez, 561 N.W.2d 94, 99 (Iowa Ct.App. 1997). The trial court did not abuse its discretion in denying Cindy trial attorney fees Additionally, both parties request an award of appellate attorney fees. We are to consider the needs of the party making the request, the ability of the other party to pay, and whether the party making the request was obligated to defend the district court's decision on appeal. See In re Marriage of Maher, 596 N.W.2d 561, 568 (Iowa 1999). We decline to award either party attorney fees. Costs of this appeal are taxed to the appellee.