Opinion
No. 2-126 / 01-1767.
Filed May 31, 2002.
Appeal from the Iowa District Court for Buchanan County, Amanda Potterfield, Judge.
Tina Bell appeals the alimony provision of the decree dissolving her marriage to James Bell. AFFIRMED AS MODIFIED.
John Pieters, Jesup, for appellant.
Gary McClintock of Hoeger McClintock, Independence, for appellee.
Considered by Huitink, P.J., and Vogel and Eisenhauer, JJ.
Tina Bell appeals the alimony provision of the decree dissolving her marriage to James Bell. The trial court awarded Tina $500 per month for twenty-six months, which Tina claims is inadequate both in amount and duration.
The parties were married for over twenty years and have two children, both over age eighteen. James is living with his girlfriend, while Tina is living with her boyfriend. Neither Tina nor James finished high school, but James did earn and receive his GED. Both were forty-one years old at the time of trial. James is a maintenance supervisor at IBP, Inc. earning a salary of $52,000 per year, plus small bonuses, health insurance, and company stock options. Tina is unemployed, having suffered various injuries she claims were work-related from her job at Iowa Ham Canning, Inc. At the time of trial, Tina had a worker's compensation claim pending. A permanent five-pound weight lifting restriction impedes her ability to be hired for many jobs for which she has applied.
Scope of Review . We review de novo, by examining the entire record and adjudicate rights anew on the issues properly presented. In re Marriage of Geil, 509 N.W.2d 738, 740 (Iowa 1993).
Alimony . We look to the factors contained in Iowa Code section 598.21(3) (2001) to evaluate the suitability of alimony. The factors pertinent to Tina and James's situation include the length of the marriage, the age and health of the parties, the parties' education and earning capacities, and the likelihood that Tina will become self-supporting at a standard of living comparable to that enjoyed during the marriage. Iowa Code § 598.21(3).
Because of the length of the marriage, the disparate earning capacity and the injuries and associated health problems Tina has encountered, it is apparent that she will need financial assistance to live at a standard of living she enjoyed during the marriage. Tina claims she needs permanent, or traditional, alimony, which is defined as payable for life or for so long as Tina is dependent and incapable of self-support. In re Marriage of O'Rourke, 547 N.W.2d 864, 866 (Iowa Ct.App. 1996). The trial court found and we agree Tina's needs are more in line with rehabilitative alimony, which serves to support an economically dependent spouse through a limited period of education and retraining. Id.
Upon our de novo review, we find the alimony duration of slightly more than two years does not satisfy Tina's diminished capability to be fully employed and self-supporting. To that end, we modify the alimony award to extend it for an additional three years.
Attorney Fees . In consideration of the relative needs of the parties and their abilities to pay, we award Tina $1000 in attorney fees on appeal. In re Marriage of Roberts, 545 N.W.2d 340, 345 (Iowa Ct.App. 1996). Costs on appeal assessed to James.
AFFIRMED AS MODIFIED.