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Case No. 20-1677

In re the Marriage of Eastman

Larry James Eastman, Petitioner-Appellee

Rita Mae Eastman, Respondent-Appellant

Attorney for Appellant

Nicole S. Facio

Attorney for Appellee

C. Aron Vaughn

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-1677
Date Published:
Nov 03, 2021
Summary

            Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., Schumacher, J., and Scott, S.J.  Opinion by Scott, S.J.  Partial Dissent by Schumacher, J.  (16 pages)

            Rita Eastman appeals the decree dissolving her marriage to Larry Eastman.  She argues the spousal support award was inadequate, the property distribution was inequitable, and she should have been awarded trial attorney fees.  She also requests an award of appellate attorney fees.  OPINION HOLDS: We affirm the district court’s award of monthly spousal support in the amount of $1000.00 per month but modify it to vacate the reduction in support upon Larry’s retirement.  We affirm the property distribution as equitable.  We affirm the denial of Rita’s request for trial attorney fees and deny her request for appellate attorney fees.  PARTIAL DISSENT ASSERTS: I depart only in regard to the majority’s modification of the trial court’s determination that Rita’s alimony should be reduced upon Larry’s retirement. I would affirm the trial court without modification.

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