House File 72 - Introduced HOUSE FILE 72 BY MOMMSEN A BILL FOR An Act relating to the criteria for determining payment of 1 spousal support. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1857YH (1) 87 pf/nh
H.F. 72 Section 1. Section 598.21A, subsection 1, Code 2017, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . 0f. Other economic circumstances of each 3 party, including property inherited or gifts received by either 4 party, including in the form of a trust, and the potential 5 income from any such inherited or gifted property. Future 6 interests may be considered, but expectancies or interests 7 arising from inherited or gifted property created under a 8 will or other instrument under which the trustee, trustor, 9 trust protector, or owner has the power to remove the party in 10 question as a beneficiary, shall not be considered. 11 Sec. 2. Section 598.21A, Code 2017, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 1A. Primary consideration in determining 14 support. In determining support under this section, the primary 15 consideration of the court shall be the actual need of a party 16 for support and the ability of the other party to provide 17 payment of such support such that each party maintains a 18 standard of living reasonably comparable to that enjoyed during 19 the marriage. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill provides a new criterion for the determination of 24 the awarding of spousal support. In considering whether to 25 grant an order requiring support payments to either party, the 26 court is to consider the economic circumstances of each party, 27 including property inherited or gifts received by either party, 28 including in the form of a trust, and the potential income from 29 the inherited or gifted property. As with the actual division 30 of property of the parties, the court may consider future 31 interests, but expectancies or interests arising from inherited 32 or gifted property created under a will or other instrument 33 under which the trustee, trustor, trust protector, or owner has 34 the power to remove the party in question as a beneficiary, 35 -1- LSB 1857YH (1) 87 pf/nh 1/ 2
H.F. 72 shall not be considered. 1 The bill also provides that the primary consideration in 2 determining an award of spousal support is the actual need 3 of a party for support and the ability of the other party to 4 provide payment of such support such that each party maintains 5 a standard of living reasonably comparable to that enjoyed 6 during the marriage. 7 -2- LSB 1857YH (1) 87 pf/nh 2/ 2