In re Marriage of Julianne R. Schenkelberg and Gary W. Schenkelberg

Summary

The Iowa Supreme Court reviewed issues arising from the dissolution of Julianne and Gary Schenkelberg’s marriage, including spousal support and expert fees. The court upheld the premarital agreement and property distribution, but modified the decree to award Julianne $7,000 per month in lifetime spousal support and an additional $17,050 in attorney fees for expert services.

Holdings

1. The Supreme Court of Iowa exercised its discretion to review only the spousal-support and expert-fee issues; the court of appeals' affirmance of the rulings on the premarital agreement and property distribution stood as the final decision.
2. The district court's award of spousal support failed to do equity; Julianne was entitled to traditional spousal support of $7,000 per month until her death or remarriage.
3. The district court abused its discretion by denying reimbursement for the $17,050 in expert-accounting fees, and the award of attorney fees was modified to include that amount.

Questions Presented

1. Whether the premarital agreement was valid.
2. Whether the property distribution under the premarital agreement was equitable.
3. Whether the spousal-support award was inadequate in light of the parties' circumstances and Iowa Code section 598.21A(1).
4. Whether Julianne was entitled to reimbursement for $17,050 in expert fees incurred by her attorney in preparing for trial.

Disposition

other