Skip to main content
Iowa Judicial Branch
Main Content

Case No. 22-1725

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:
Mar 27, 2024

            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.

© 2024 Iowa Judicial Branch. All Rights Reserved.