Property Division
Des Moines Attorneys Helping Clients Navigate Property Division
Property Division in Iowa Divorce | Des Moines Family Law Attorney
If you are going through a divorce in Iowa and wondering what will happen to your home, your retirement account, or the savings you built together, you are not alone.
Property division is one of the most misunderstood parts of the divorce process. Many people come into their first consultation believing the court will simply split everything down the middle.. The reality is more nuanced than that and knowing what to expect can make a real difference to the process and the outcome.
A knowledgeable property division lawyer in Des Moines can help you understand what the law says, how courts apply it, and what strategy makes sense for your specific situation.
From Your Property Division Attorney in Des Moines...
Where Do I Start?
It's simple. Start your property division matter with a call to Greenberg Law in Des Moines.
When people call our office, the first thing they usually say is some version of the same sentence: I don't know where to start. They know they need a property division lawyer in Des Moines or in the surrounding area, but uncertain what the process looks like or what it will cost.
That's where we come in.
That's completely normal. Property division issues can be complicated. The legal system is not straightforward and can be overwhelming. We can help.
How Does Property Division Works in Iowa?
Iowa is an equitable distribution state. That phrase is important. Equitable does not mean equal. It means fair. The court's job is to look at the full picture of your marriage and divide the assets and debts in a way that is fair under the circumstances.
When you understand how the process of property division works, you are in a much stronger position to advocate for yourself and to work with your attorney toward with the best result possible for your situation.
The court must first identify all assets and liabilities subject to division, then assign a value to each, and finally decide how to divide them. This three-step process sounds straightforward, but the details are where things get complicated.
We believe flat fees serve our clients better, which is why we use them whenever practical.
On this page you'll find information on property division. Read what's useful to you right now and come back to the rest later.
Better yet, reach out to set up a consultation with one of our attorneys and get a free copy of Elena’s book: Where to Start Divorce.
Foundations of Property Division
What are Key Principles of Iowa Property Division?
No Do Overs
Equitable does not mean equal, but equal is common
Iowa courts do not require a 50/50 split, but the Iowa Supreme Court has repeatedly held that equality is often the most equitable result. In longer marriages especially, you can generally expect a roughly equal division of marital assets.
All property is on the table
Under Iowa Code section 598.21, the court divides "all property" of the parties, with narrow exceptions. That includes property you owned before the marriage. Premarital property does not automatically stay with the spouse who brought it in, particularly in a long marriage. It is one factor among many that the court weighs.
There is no rigid formula
Iowa courts are clear that property division is fact specific. What happened in someone else's divorce is not a reliable guide to what will happen in yours. The length of your marriage, each spouse's financial contributions, earning capacity, health, and many other circumstances all shape the final result.
Property divisions are final
Once a court enters a property division, it generally cannot be modified later, Iowa Code section 598.21(7). This is one of the most important reasons to take property division seriously from the start and to work with a property division attorney in Iowa who understands what is at stake. Getting it right the first time matters far more than fixing it later, because in most cases it cannot be changed.
| Important: It is worth paying for an hour of attorney time to make sure you are not about to make irreversible mistakes in your property settlement. |
Factors the Court Considers
There Are Many
When deciding how to divide marital property, Iowa courts weigh the factors listed in Iowa Code section 598.21(5). These include:
The length of the marriage
A 25-year marriage will be treated very differently than a 3-year marriage when it comes to premarital property and the weight given to each spouse's individual contributions.
Property brought to the marriage by each party
What each spouse owned before the wedding is a factor, though not a guarantee that those assets stay separate.
Each party's contributions to the marriage
This includes financial contributions, but also homemaking, childcare, and supporting the other spouse's career. A spouse who stayed home to raise children is making a real economic contribution that courts recognize.
Earning capacity and time out of the workforce
If one spouse took years away from a career to support the family, that affects their ability to be financially self-sufficient after the divorce. Courts take this into account.
The family home
Iowa courts often favor awarding the family home or the right to remain in it to the parent who has physical care of the children, in order to provide stability.
Tax consequences
Not all assets are worth the same after taxes. A retirement account and a savings account of equal dollar value may have very different after tax values. Courts are supposed to consider this, and your property division lawyer in Des Moines should be walking you through these calculations.
| It is especially advantageous to have an attorney who understands the tax consequences of your property division. Elena Greenberg is a Certified Divorce Financial Analyst® which mean she has specific training on the future consequences of property division. |
Spousal support
Property division and alimony are considered together. A spouse who receives more property may receive less support, and vice versa. The two are connected, and a skilled Iowa property division attorney understands how to think about them as a package.
Any written agreements between the parties
Any written agreements between the parties, including prenuptial agreements.
Any other relevant factor
Any other relevant factor the court determines appropriate for the individual case.
How do Iowa Courts Treat Inheritance and Gifts?
Careful of Commingled Funds
This is an area where many people are surprised. Iowa law treats inherited property and gifts differently from most marital assets. Under Iowa Code section 598.21(6), inherited property and gifts received by one spouse are generally that spouse's separate property and are not subject to division.
In plain terms: if your grandmother left you money or property, it is usually yours to keep.
But there are important exceptions. A court can divide inherited or gifted property if refusing to do so would be inequitable to the other spouse or to the children of the marriage. Courts look at several factors when making this determination:
- Whether either spouse contributed to the care, preservation, or improvement of the inherited property.
- Whether the non-recipient spouse had a close independent relationship with the person who gave or left the property.
- Whether the inheritance was commingled with marital funds, such as by depositing it into a joint account or using it to pay joint expenses.
- Whether the inheritance supported the family's standard of living over the course of the marriage.
- Any special needs of either party.
The takeaway is that inheritance does not always stay separate. The longer a marriage lasts, and the more the inherited asset becomes part of the shared life you built together, the more likely a court is to consider dividing it.
Working With an Property Division Attorney in Des Moines
Greenberg Law is Your Trusted Advocate
You Have More Choices Than You Realize.
We'll Help You Make the Right Ones.
Property division is one part of divorce where the decisions you make now will have an impact on you for years to come.
Whether you are trying to keep the family home, protect a retirement account, understand what a settlement offer is really worth, or simply figure out where to start, having the right property division lawyer in Des Moines on your side is one of the most important steps you can take.
If you are looking for a property division attorney in Des Moines or the greater Des Moines metro area, who will take the time to explain your options, help you choose the approach that fits your family and your budget, and handle your case with the expertise and care it deserves, then we'd like to talk with you.
Our consultations are designed to give you a real picture of what your case will look like, not a generic overview. Our consultations are an honest conversation about your specific situation, your goals, and what Iowa law means for your case. Contact our office today to schedule
This page is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Case summaries reflect publicly available appellate decisions and are used for illustrative purposes only. Iowa law and local court rules vary by county and case. For advice specific to your situation, please consult a licensed Iowa family law attorney.
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