Iowa
Legal Separation in Iowa: Separate Maintenance Under Iowa Code 598
Independently fact-checked against primary sources (last audited October 8, 2026). · 10 primary sources cited on this page. How we verify our legal content
Yes. Iowa's statutes call legal separation separate maintenance, and Iowa Code 598.28 provides that a separate maintenance petition is filed as in a dissolution of marriage action, with the chapter's applicable provisions applying. According to the Iowa Judicial Branch, the spouses remain married.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers separate maintenance (legal separation) under Iowa Code chapter 598, mainly sections 598.20A, 598.20B, 598.21, 598.21A, 598.21B, 598.28 and 598.41. It does not cover dissolution of marriage in depth, how support amounts are calculated, or other states' law. For divorce, see Iowa divorce laws.
Does Iowa have legal separation?
Yes, under the name separate maintenance. Iowa Code 598.28 provides:
"A petition shall be filed in separate maintenance and annulment actions as in actions for dissolution of marriage, and all applicable provisions of this chapter in relation thereto shall apply to separate maintenance and annulment actions."
In practice, a separate maintenance case uses the dissolution procedure in chapter 598. The Iowa Judicial Branch's family law FAQ on legal separation uses the more familiar name and explains that the parties remain married.
What an Iowa court can order in a legal separation
Property. Iowa Code 598.21(1) provides: "Upon every judgment of annulment, dissolution, or separate maintenance, the court shall divide the property of the parties and transfer the title of the property accordingly." The word "shall" makes property division part of every separate maintenance judgment.
Spousal support. Under section 598.21A(1), "Upon every judgment of annulment, dissolution, or separate maintenance, the court may grant an order requiring support payments to either party for a limited or indefinite length of time." For how Iowa courts approach spousal support, see Iowa alimony laws.
Children. On every judgment of separate maintenance, the court may order either parent or both parents to pay child support (598.21B(2)(a)), and through section 598.28 the chapter's custody provisions (598.41) apply to separate maintenance actions. See Iowa child custody laws and Iowa child support laws.
Grounds and residency for separate maintenance in Iowa
Chapter 598 states its dissolution standard in sections 598.5(1)(g) and 598.17: a breakdown of the marriage relationship to the extent that the "legitimate objects of matrimony have been destroyed." Section 598.28 applies the chapter's "applicable provisions" to separate maintenance, but this page does not confirm whether that standard governs a separate maintenance petition.
Residency is a similar open point. A dissolution petition must state that the petitioner has been an Iowa resident for the last year, except where the respondent is an Iowa resident who is personally served (598.5(1)(k)). Whether that requirement carries over to separate maintenance through section 598.28 is not stated in the statute, so it is a question to confirm with the court or a lawyer licensed in Iowa.
Legal separation vs. divorce in Iowa
The central difference is that the marriage continues. The Iowa Judicial Branch explains that in a legal separation "the parties stay married," but they may ask the court to decide issues common to a divorce, such as custody, child support, property division and separate maintenance.
A separate maintenance decree still has legal effects beyond support. Iowa Code 598.20A and 598.20B, which deal with revoking beneficiary designations, are triggered by decrees of dissolution, annulment or separate maintenance. Anyone whose beneficiary designations name a spouse may want a lawyer licensed in Iowa to review how those sections apply.
This page does not cover whether or how a separate maintenance decree can later be converted into a dissolution of marriage. For dissolution grounds and procedure, see Iowa divorce laws.
Court help for separate maintenance in Iowa
The Iowa Judicial Branch's FAQ on legal separation is the official starting point. A lawyer licensed in Iowa can explain which forms and filings apply in a particular county.
Disclaimer: This article provides general legal information about separate maintenance (legal separation) under Iowa Code chapter 598. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about your situation, consult a lawyer licensed in Iowa or the Iowa Judicial Branch's self-help resources.
Related
- Legal separation laws in every state
- Iowa divorce laws
- Iowa alimony laws
- Iowa child custody laws
- Iowa child support laws
Last updated: 2026-10-08.
Frequently Asked Questions
Does Iowa allow legal separation?
Yes. Iowa's statutes call it separate maintenance, and Iowa Code 598.28 provides that the petition is filed as in a dissolution of marriage action.
Are you still married during a legal separation in Iowa?
Yes. The Iowa Judicial Branch explains that in a legal separation the parties stay married, though they may ask the court to decide custody, child support, property division and separate maintenance.
Is property divided in an Iowa legal separation?
Yes. Iowa Code 598.21(1) requires the court to divide the parties' property upon every judgment of separate maintenance.
Can you get spousal support in an Iowa legal separation?
The court may order support payments to either party for a limited or indefinite length of time upon a judgment of separate maintenance (Iowa Code 598.21A(1)).
Does a legal separation affect beneficiary designations in Iowa?
It can. Iowa Code 598.20A and 598.20B, on revoking beneficiary designations, are triggered by decrees of separate maintenance as well as dissolution and annulment.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Iowa Code, Chapter 598: DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS
§ 598.28Separate maintenance and annulment.In forcecited in 2 of our articles
A petition shall be filed in separate maintenance and annulment actions as in actions for dissolution of marriage, and all applicable provisions of this chapter in relation thereto shall apply to separate maintenance and annulment actions.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov
Also relied on in: Iowa Annulment Laws: Grounds, Void Marriages and How to File (2026)
§ 598.21Orders for disposition of property.In forcecited in 3 of our articles
1. General principles. Upon every judgment of annulment, dissolution, or separate maintenance, the court shall divide the property of the parties and transfer the title of the property accordingly, including ordering the parties to execute a quitclaim deed or ordering a change of title for tax purposes and delivery of the deed or change of title to the county recorder of the county in which each parcel of real estate is located. 2. Duties of county recorder. The county recorder shall record each quitclaim deed or change of title and shall collect the fee specified in section 331.507, subsection 2, paragraph “a”, and the fees specified in section 331.604. 3. Duties of clerk of court. If the court orders a transfer of title to real property, the clerk of court shall issue a certificate under chapter 558 relative to each parcel of real estate affected by the order and immediately deliver the certificate for recording to the county recorder of the county in which the real estate is located. Any fees assessed shall be included as part of the court costs. The county recorder shall deliver the certificates to the county auditor as provided in section 558.58, subsection 1. 4.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov
Cited in 669 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- In RE the Marriage of Rachel A. McDermott and Stephen J. McDermott Upon the Petition of Rachel A. McDermott (Supreme Court of Iowa 2013, 827 N.W.2d 671)“…costs to meet the obligation of the divorce decree. See Iowa Code § 598.21 (5)(i)-(/) (2009) (specifically directi…”
- In Re the Marriage of Sullins (Supreme Court of Iowa 2006, 715 N.W.2d 242)“…pouse, is divisible property. Id. (citing Iowa Code § 598.21 (1) (2003)). Importantly, “the property…”
- In Re the Marriage of Okland (Supreme Court of Iowa 2005, 699 N.W.2d 260)“…cludes an order for medical support in most circumstances. Iowa Code § 598.21 (4)(a) (2003). One such common circumst…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Iowa Spousal Support (Alimony) Laws: How It Works (2026), Iowa Divorce Laws (2026): Grounds, Residency, and Process
§ 598.20ABeneficiary revocation — life insurance.In force
1. Except as preempted by federal law, if a decree of dissolution, annulment, or separate maintenance is issued after the policy owner of an insurance contract insuring the policy owner’s own life has designated the policy owner’s spouse or one or more relatives of the policy owner’s spouse as a beneficiary under a life insurance policy in effect on the date of the decree, a provision in the life insurance policy making such a designation is voided by the issuance of the decree unless any of the following apply: a. The decree designates the policy owner’s former spouse or one or more relatives of the policy owner’s spouse as beneficiary. b. After issuance of the decree, the policy owner executes a designation of beneficiary form provided by the insurance company naming the policy owner’s former spouse or one or more relatives of the policy owner’s former spouse as beneficiary. c. The policy owner and the policy owner’s former spouse remarry. 2.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Iowa Code 598.28 (separate maintenance and annulment petitions filed as in dissolution)(legis.iowa.gov).gov
- Iowa Judicial Branch, FAQ: Family Law, Legal Separation(iowacourts.gov).gov
- Iowa Code 598.21 (property division upon every judgment of separate maintenance)(legis.iowa.gov).gov
- Iowa Code 598.21A (spousal support upon a judgment of separate maintenance)(legis.iowa.gov).gov
- Iowa Code 598.21B (child support upon a judgment of separate maintenance)(legis.iowa.gov).gov
- Iowa Code 598.41 (custody of children)(legis.iowa.gov).gov
- Iowa Code 598.20A (beneficiary revocation: life insurance)(legis.iowa.gov).gov
- Iowa Code 598.20B (beneficiary revocation: other contracts)(legis.iowa.gov).gov
- Iowa Code 598.5 (dissolution petition contents: breakdown allegation and residency statement)(legis.iowa.gov).gov
- Iowa Code 598.17 (dissolution of marriage: breakdown standard)(legis.iowa.gov).gov