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Case No. 17-0593

In re the Marriage of Gutcher

Edward D. Gutcher, Petitioner-Appellant/Cross-Appellee

Nancy A. Gutcher, Respondent-Appellee/Cross-Appellant

Attorney for Appellant

Bryan J. Goldsmith

Attorney for Appellee

Heather M. Simplot

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 07, 2018

            Appeal from the Iowa District Court for Monroe County, Randy S. DeGeest, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Heard by Danilson, C.J., and Doyle and McDonald, JJ.  Opinion by McDonald, J.  Special Concurrence by Danilson, C.J.  (17 pages)

            The parties appeal and cross-appeal various provisions of their dissolution decree.  The wife also appeals the district court’s dismissal of her contempt action.  OPINION HOLDS: The parties’ premarital agreement is unenforceable because the wife did not have any appreciable time to seek counsel prior to signing and the husband failed to make a fair and reasonable financial disclosure.  The district court’s spousal support award was not proper because the present facts do not warrant any of the recognized categories of support.  The court’s determination that the husband’s premarital property was gifted or inherited was incorrect.  To do equity, the parties’ assets, including pre-martial, must be divided equally between the parties through a property equalization payment.  The district court did not abuse its discretion in awarding the wife only a portion of her requested attorney fees.  Because the wife failed to show the husband did not preserve assets, the district court properly dismissed her contempt action.  We remand to the district court to determine appellate attorney fees not to exceed $6000.00.  SPECIAL CONCURRENCE ASSERTS: I concur in the result; however, I part ways with the majority’s reasoning. 

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