In the divorce trial, Wife made a number of claims against Husband. The Court ruled against her every time.
- She argued that he dissipated his workmen’s compensation money. The Court disagreed. It said he used the money for legitimate reasons. During the marriage they had taken vacations alone. He did that with this money. He also paid rent, credit card debt, and normal expenses.
- She argued that CD’s were marital property. Husband had received them from his father. But. Husband had put them briefly into a marital account. The Court said that brief activity does not make the CDs marital property.
- She argued that she should have more than half of the tax exemptions for the children. She believed that she paid more than Husband toward child issues. The trial court gave them each one child as a tax dependency exemption. It ordered that the exemption for the third child be alternated, from year to year, between them. This is a very typical result for the court to reach.
- She argued that Husband’s potential personal injury claim should be treated as a marital asset. The injury had happened during the marriage. But, Husband had not filed the case yet. He did not know if he was ever going to file it. The Court said that it would not be treated as a marital asset.
In re Marriage of Berberet, 2012 IL App (4th) 110749.
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