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IN RE MARRIAGE OF SCHRINER

No. 03-1131.

695 N.W.2d 493 (2005)

In re the MARRIAGE OF Deann Patricia SCHRINER and John Kenneth Schriner Upon the Petition of Deann Patricia Schriner, Appellee, And Concerning John Kenneth Schriner, Appellant.

Supreme Court of Iowa.

April 29, 2005.

Attorney(s) appearing for the Case

James W. Affeldt and Robert M. Hogg of Elderkin & Pirnie, P.L.C., Cedar Rapids, for appellant.

Matthew J. Brandes and Elizabeth V. Croco of Simmons, Perrine, Albright & Elwood, P.L.C., Cedar Rapids, for appellee.

CADY, Justice.

In this appeal, we must primarily decide whether or not workers' compensation benefits awarded to one spouse during the marriage become divisible property at the time of the divorce. The district court considered the past and future compensation payments as a divisible asset, and our court of appeals affirmed the district court. On further review, we conclude workers' compensation benefits received and retained during the marriage are a divisible asset...

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