For summaries from opinions prior to August, 2018, view PDF versions here.
In re the Marriage of Bast
Kelly Scott Bast, Petitioner-Appellant/Cross-Appellee
Kathleen Sue Bast, Respondent-Appellee/Cross-Appellant
Attorney for Appellant
Karmen R. Anderson
Attorney for Appellee
Joseph G. Bertogli
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Joseph Seidlin, Judge. AFFIRMED ON APPEAL; AFFIRMED AS MODIFIED ON CROSS-APPEAL. Considered by Bower, C.J., and Schumacher and Langholz, JJ. Opinion by Bower, C.J. Concurrence in part and dissent in part by Schumacher, J. (18 pages)
Kelly Bast appeals, and Kathy Bast cross-appeals, the financial provisions in the decree dissolving their marriage. OPINION HOLDS: Finding no failure to do equity as to Kelly, we affirm on appeal. But we agree with Kathy the court should have set aside $40,000 in proceeds traceable to her inheritance from her sister. As a result, we modify the decree by vacating Kathy’s equalization payment but affirm on the trial court’s denial of additional attorney fees. PARTIAL DISSENT ASSERTS: I join in the majority opinion in all respects except for the amount of alimony awarded to the payee spouse. Due to the amount of assets each party received, each party’s retirement status, and the needs of the payee spouse, an award of traditional alimony in the amount of $900 per month is equitable.