Iowa Code » Chapter 598 — DISSOLUTION OF MARRIAGE AND DOMESTIC RELATIONS
Iowa Code

Iowa Code § 598.28 (2026)

Separate maintenance and annulment

✓ current as of July 2026
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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. [C73, §2232; C97, §3183; C24, 27, 31, 35, 39, §10487; C46, 50, 54, 58, 62, 66, §598.20; C71, 73, 75, 77, 79, 81, §598.28]

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Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1974–2022 · leading case: In Re Est. of Carlisle, 653 N.W.2d 368 (Iowa 2002).
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In Re Est. of Carlisle, 653 N.W.2d 368 (Iowa 2002). · cites it 68× “Iowa Code § 598.28 (emphasis added). The determinative issue in this case is whether the emphasized language has the effect of making section 598.”
In the Matter of the Est. of Mary Florence Whalen, Michael Whalen, 827 N.W.2d 184 (Iowa 2013). · cites it 4× “I bought a plot many years ago in Holy Cross Cemetery in Billings, in which to be buried and 1UnderIowa law, married spouses can legally separate by filing a petition for separate maintenance as provided in Iowa Code section 598.28 without dissolving their marriage.”
In Re the Marriage of Morgan, 218 N.W.2d 552 (Iowa 1974). · cites it 6× “5 as made applicable to petitions for separate maintenance under section 598.28.” In the other motion respondent moved that paragraph 8 of the petition be made more specific by filing a financial statement as required by section 598.”
In Re the Marriage of Eklofe, 586 N.W.2d 357 (Iowa 1998). · cites it 2× “22, and section 598.28 do not apply to this case.”
Callenius v. Blair, 309 N.W.2d 415 (Iowa 1981). “§ 598.28, The Code. Ronald asserts that the trial court acted illegally in holding him in contempt because his actions in not paying the full amount of his child-support and alimony obligations were not willful.”
In Re the Marriage of Gary E. Erlandson & Susan Kay Erlandson Upon the Petition of Gary E. Erlandson, & Concerning Susan Kay Erlandson (Iowa Ct. App. 2017). · cites it 2× ““Under Iowa law, married spouses can legally separate by filing a petition for separate maintenance as provided in Iowa Code section 598.28 [(2015)] without dissolving their marriage.”
In re the Marriage of Ware (Iowa Ct. App. 2018). · cites it 2× “21, 2017) (upholding award of “minimal spousal support” where couple had been separated for nearly ten years of twenty-eight-year marriage and 4 Our record does not show that any petition for separate maintenance was filed during that time.”
In re the Marriage of Jensen (Iowa Ct. App. 2018). · cites it 2× “Regarding the issues, Iowa law allows spouses to “legally separate by filing a petition for separate maintenance as provided in Iowa Code section 598.28 without dissolving their marriage.”
In re the Marriage of Erlandson (Iowa Ct. App. 2022). · cites it 2× “” 2 In the parties’ first appeal, where we affirmed the district court’s property division and spousal support award, we characterized this stipulation as akin to “a statutory ‘separate maintenance’ decree” authorized by Iowa Code section 598.28 (2010). 3 stipulation, the…”
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