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Case No. 18-0901

In re the Marriage of Burington

Amber Burington, Petitioner-Appellant

Christopher Burington, Respondent-Appellee

Attorney for Appellant

Laura J. Parrish

Attorney for Appellee

Beth A. Becker

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 06, 2019

            Appeal from the Iowa District Court for Winneshiek County, Richard D. Stochl, Judge.  AFFIRMED AS MODIFIED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Bower, J.  (11 pages)

            Amber Burington appeals certain provisions of the decree dissolving her marriage to Christopher (Chris) Burington.  OPINION HOLDS:  We affirm the district court’s decision placing the children in the parties’ joint physical care.  We find the court did not improperly value the assets awarded to Chris and no offset needs to be made for the cash values of the parties’ life insurance policies.  The property division should be modified to set aside to Amber $20,000 from the value of her 401(k) account in recognition of her premarital assets.  In order to equalize the parties’ 401(k) accounts, Chris should receive $11,899 from Amber’s 401(k) through a qualified domestic relations order.  We affirm the district court’s decision denying Amber’s request to require Chris to maintain a life insurance policy naming the children as beneficiaries.  We determine each party should pay his or her own appellate attorney fees.

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