Quick answer: Iowa is an equitable distribution state, not a community property state. The court divides all property, except inherited property or gifts received or expected by one party, equitably after considering the length of the marriage, the property each party brought to it, each party’s contributions (giving appropriate economic value to homemaking and child care), ages and health, one party’s contribution to the other’s education or earning power, earning capacity, the desirability of awarding the family home to the parent with custody, support and whether the property division should be in lieu of it, other economic circumstances including pensions, tax consequences, written agreements and any antenuptial agreement. Equitable does not mean equal. Inherited and gifted property belongs to the party who received it unless refusing to divide it would be inequitable to the other party or the children, and a property division cannot be modified later.
What Iowa Code 598.21 says
- The rule. The court divides all property equitably after considering thirteen listed factors (598.21(5)).
- Inheritances and gifts. Property inherited by or given to a party before or during the marriage is that party’s property, except on a finding that refusing to divide it is inequitable (598.21(6)).
- No modification. Property divisions are not subject to modification (598.21(7)).
- Children. The court may set aside part of the property in a separate fund for the children’s support, education and welfare (598.21(4)).
How the calculator works
You enter the divisible property and debts each spouse holds and each spouse’s inherited or gifted property. The calculator adds up the divisible property, starts at an equal share and shows the equalizing payment, and you can move the slider to test an unequal division. The reasoning is in how Iowa divides property, inherited and gifted property and the family home and pensions.
Property and spousal support
The property division and spousal support are decided together. See the Iowa alimony calculator.
Property division across Iowa
The statute applies in every Iowa court, from Des Moines, Cedar Rapids, Davenport, Sioux City, Iowa City or Waterloo. The IRS lists nine community property states, and Iowa is not among them.
Frequently asked questions
Is Iowa a community property state?
No. Iowa divides property equitably under Iowa Code 598.21. The IRS lists nine community property states, and Iowa is not among them.
Does Iowa split property 50/50 in a divorce?
Not by rule. The court divides property equitably after considering thirteen factors, which often produces a result near equal but is not required to.
Is an inheritance divided in an Iowa divorce?
Inherited property and gifts belong to the party who received them unless refusing to divide them would be inequitable to the other party or the children.
Can an Iowa property division be changed later?
No. Property divisions made under the chapter are not subject to modification.
Does homemaking count in Iowa property division?
Yes. The court gives appropriate economic value to each party's contribution in homemaking and child care services.