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Case No. 20-0416

For summaries from opinions prior to August, 2018, view PDF versions here

In re the Marriage of Bohac

Kevin F. Bohac, Petitioner-Appellee/Cross-Appellant

Christy A. Bohac, Respondent-Appellant/Cross-Appellee

Attorney for Appellant

Robert A. Nadding II

Attorney for Appellee

Jessica L. Morton

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 26, 2021

            Appeal from the Iowa District Court for Carroll County, Gina C. Badding, Judge.  AFFIRMED.  Considered by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Mullins, J.  Partial Dissent by Schumacher, J.  (19 pages)

            Christy Bohac appeals, and Kevin Bohac cross-appeals, the decree dissolving their marriage.  Christy argues the district court erred in crediting Kevin with assets inherited from his father and failing to award her medical and dental insurance.  She requests an award of appellate attorney fees.  On cross-appeal, Kevin contests the spousal support award.  OPINION HOLDS: The assets contained in or purchased with funds flowing from Kevin’s inheritance were traceable to his father’s estate and properly set aside to Kevin.  The traditional spousal support award was appropriate and does not warrant a supplement to pay Christy’s medical and dental insurance costs.  We decline to award appellate attorney fees.  Court costs shall be divided equally between the parties.  PARTIAL DISSENT ASSERTS: I respectfully dissent in part from the majority opinion as to the duration of Kevin’s spousal support obligation.  Equity requires Kevin’s spousal support obligation terminate upon either party’s death, Christy’s remarriage, or Kevin’s retirement, whichever occurs first.  Christy was awarded sufficient retirement assets to live comfortably following Kevin’s retirement.  I concur in all other aspects of the majority opinion.

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