Rider v. Rider, 50116

• Decision Date: 18 October 1960
• Docket Number: No. 50116,50116
• Citation: 105 N.W.2d 508,251 Iowa 1388
• Parties: Sarah RIDER, Appellant, v. Paul RIDER, Appellee.
• Court: Iowa Supreme Court

Page 508

105 N.W.2d 508

251 Iowa 1388

Sarah RIDER, Appellant, v. Paul RIDER, Appellee.

No. 50116.

Supreme Court of Iowa.

Oct. 18, 1960.

Stipe, Davidson & Hemphill, Clarinda, for appellant.

Camp & Harsh, Creston, for appellee.

GARRETT, Justice.

The parties to this action were married in 1936, and resided on a farm until their separation on December 21, 1958. In 1944 appellee's father died leaving the farm occupied by these parties to his wife, for her natural life, and upon her death, to his four children, of whom appellee was one. The life tenant had the right to request sale of the land for her comforts and necessities except only the homestead 40 acres thereof, which she quitclaimed to appellee. The farm involved consisted of 202 acres. No children were born to plaintiff and defendant.

The plaintiff sought and was granted a divorce on the ground of cruel and inhuman treatment and was awarded $1,000 in full and final settlement of all property rights between the parties and $200 attorneys' fees. The plaintiff being dissatisfied with the award has appealed.

I. The sole contention of appellant is that the allowance by the trial court of the sum of $1,000 in full and final settlement of all property rights between the parties, and the further sum of $150 as temporary alimony, is an inequitable and inadequate allowance for her in the light of the property accumulated by the parties during their married life. Appellant seeks to have such property settlement allowance increased and additional attorneys' fees allowed for her attorneys on this appeal. In her petition she prayed that a decree be entered effecting a division of property held jointly by the plaintiff and defendant as of December 21, 1958 and allowing the plaintiff her just share therein.

The right to a property settlement and alimony in divorce actions is provided by section 598.14 of Code of Iowa, 1958, I.C.A., which, so far as material, is: 'When a divorce is decreed, the court may make such order in relation to * * * property, parties, and the maintenance of the parties as shall be right.'

'The obligation of the husband for the support of the wife affords the basis for the court's action, but this is not regarded as a debt in the sense of a pecuniary obligation. It arises from a duty which the husband owes as well to the public as to the wife, though not resting on any specific contract.' Shipley v. Shipley, 187 Iowa 1295, 1304, 175 N.W. 51, 55.

'As to property division and alimony decision, divorce cases are peculiarly dependent on the facts of each case. Specific rules are not too helpful because the facts vary from case to case. The elements to be considered are parties' age, health, present ability to earn, amount of resources owned by each or both parties, contributions of each to the joint accumulations, the duration of the marriage, indebtedness of each or both, conduct of the guilty party, and any other facts which assist the court to arrive at a just, fair and equitable decision. Retman v. Retman (Iowa, N.O.R.), 254 N.W. 804; Mitchell v. Mitchell, 193 Iowa 153, 185 N.W. 62; Brannen v. Brannen, 237 Iowa 188, 21 N.W.2d 459.' Alberhasky v. Alberhasky, 250 Iowa 986, 1001, 97 N.W.2d 914, 924. Also see Nelson v. Nelson, 246 Iowa 760, 68 N.W.2d 746; Black v. Black, 200 Iowa 1016, 205 N.W. 970.

Neither party challenges that part of the decree which grants plaintiff an absolute divorce.

II. There is no definite rule to aid the courts in determining the property rights of the parties in cases such as this. The statute grants the court authority to make such order in relation to the property and parties as shall be right, but the difficulty lies in determining what is right. We are abidingly satisfied that the allowance to plaintiff of $1,000 in full settlement of her property rights is not right or equitable.

Plaintiff testified that the separation of the parties occurred on December 21, 1958 after the defendant beat her and stripped her clothes from her in a lane running from their farm to the town of Nodaway; that she secured a coat from the neighbors to cover herself, and with an officer returned to her home and secured one outfit of clothing, then went to reside with her father who was drawing $35 per month social security. The cause of this episode seems to have been her attempt to go to church without her husband's consent. Plaintiff thereafter secured employment at a nursing home which paid her $24 per week. She had no other income and no property except her interest in the property accumulated during their married life. Her health was only fair, she having had within the past five years a gall bladder operation and a hysterectomy, and having been in the hospital several times 'in between'. The evidence disclosed that particularly after defendant had disc fusion surgery in 1956, plaintiff did all kinds of field work, operating a tractor with various kinds of machinery and working on the hay baler. The defendant, for health reasons, was unable to do heavy farm work but could do certain chores and care for the livestock.

On one occasion when the parties were quarreling, plaintiff's son by another marriage gave defendant a severe beating and attempted unsuccessfully to have him adjudged insane. Plaintiff claimed the provocation was that defendant threatened her life with a gun, but this threat was denied by defendant. The parties were separated six or seven times...