The parties had been married 22 ½ years. They divorced.  Wife suffered from many health problems.  The Trial Court gave Wife reviewable maintenance of $1,840 per month for 96 months.  She could return to court after 96 months if she felt she needed an extension of maintenance.

Husband had bought a house with his girlfriend during the marriage.  He argued that the house was not marital property. He said that it was his nonmarital property.  The Court disagreed with him. It gave the Wife 50% of the Husband’s interest in that house.

Husband appealed. He argued that the trial court did not correctly calculate maintenance. He also argued that the trial court should have imputed income to Wife. He argued that she did not take advantage of employment opportunities.  Therefore, her maintenance should be less.

The basic rule is that a trial court “may grant a maintenance award for either spouse in amounts and for periods of time as the court deems just.”  Gross income includes income from all sources.  Also, the Wife here cannot receive an amount that is more than 40% of the combined gross income of the parties.

Wife received approximately $15,349 a year from her parents. The Trial Court had not added this to Wife’s small amount of salary. The amount the Trial Court gave to Wife was more than 40% of the parties’ combined gross incomes. Wife’s maintenance was reduced to $1,727 per month.

Husband also continued his argument that the house he bought with his girlfriend was not marital property.  He said it was a gift from his girlfriend. The Appellate Court did not agree with him.  The girlfriend did not testify that it was a gift.

In re Marriage of Brill, 2017 IL App (2d) 160604, July 13, 2017.

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