In Re Marriage Of Gust

858 N.W.2d 402 (2015)

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Nature of the Case

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Facts

H and W were married in 1985. They have two children, aged seventeen and twenty-one. H was fifty-seven years old, and Linda was fifty-two years old. H's base salary from MD Construction was $76,000 per year. H expected to receive incentive payments of between $6000 and $8000 in 2012. H's earning capacity from his position is $92,000 per year. H has type 1 diabetes. It does not prevent full-time employment. W attended Des Moines Area Community College where she was close to obtaining a two-year degree. She worked as a secretary for an accounting firm. She also worked as a bookkeeper. W took care of the house and kids until 2008 while H earned an income to support the family. W holds two part-time jobs with the Ankeny Community School District, one involving work in the media center, which pays $12 per hour, and another barcoding textbooks, which pays $9 per hour. W makes $15,000 in income per year. H offered expert testimony suggesting that W had an earning capacity of between $29,619 and $30,400 per year. The court determined W's earning capacity is $22,500 per year. The district court divided the parties' assets roughly equally. Neither party will be able to maintain their pre-divorce lifestyle in the post-divorce world. H's current living expenses at the time of trial were $4387 per month, and W claimed $4623.99 in current living expenses, we find this amount was somewhat overstated. We find W's current monthly expenses at the time of trial were $3819 per month.