The parties divorce. The judgment provides that their Agreement (MSA) settled ‘all questions of property rights. All claims against each other. All rights of maintenance and all other marital rights arising out of their marriage to each other.’
Wife was responsible for everything related to the marital home. It was now hers alone. She believed that the MSA was not clear. She argued that the MSA did not specifically assign the mortgage payments to her. It was her understanding Husband would remain responsible for paying the mortgage. Because he had always made the payments.
The MSA was a fully integrated agreement. Th parties intended it to be the entire agreement between them. They were not allowed to introduce any new evidence if there was an ambiguity.
They had specifically agreed to this. Wife could not introduce evidence to support her claim that the MSA was ambiguous regarding the mortgage payment.
Wife appealed. The Appellate Court agreed with the Trial Court’s decision.
In re Marriage of Lewin, 2018 IL App (3d) 170175
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