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In re the Marriage of Ocean and Osborne
Jamie Lee Ocean, Petitioner-Appellee/Cross-Appellant
Jeff David Osborne, Respondent-Appellant/Cross-Appellee
Attorney for Appellant
Jaclyn M. Zimmerman
Attorney for Appellee
Todd E. Babich and Sierra Meehan Strassberg
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dallas County, Richard B. Clogg, Judge. AFFIRMED ON APPEAL; AFFIRMED AS MODIFIED ON CROSS-APPEAL. Considered by Bower, C.J., and Ahlers and Chicchelly, JJ. Opinion by Bower, C.J. Concurrence in part and dissent in part by Ahlers, J. (19 pages)
Jeff Osborne appeals the district court’s property distribution, valuation, and tax liability assignment following entry of a dissolution decree. Jaime Ocean cross-appeals the spousal support award and property distribution in the decree. OPINION HOLDS: We find the property distribution, valuations, and tax liability assignment are equitable, modify the spousal support award, and affirm as modified. PARTIAL DISSENT ASSERTS: I dissent in part because I find the property distribution to be inequitable and would value an IPERS account using the Benson formula when dividing the parties’ assets. As my concurrence with the majority’s modification of the spousal-support award is contingent on also modifying the property division as I proposed, I also dissent as to the change to the spousal-support award. However, I concur with the majority’s decision to deny the cross-appeal challenging the dissolution decree’s life insurance provision.
