The husband was to pay financial support to the wife for sixty months. It was to support both the wife and the parties’ then-minor child.
Payments were made for sixty months. Then the wife asked the court to extend the husband’s maintenance obligation. After trial, the court ordered the husband to pay permanent maintenance. And to pay retroactive maintenance dating back to when the petition was filed. The court granted the wife’s motion. Husband appealed.
The Marital Settlement Agreement (MSA) had provided that the husband’s support obligation was for sixty months. It was reviewable.
The MSA contained express termination events for the support. None of these ever occurred.
The permanent support award was supported by the evidence. Wife’s had been a stay-at-home mom during most of the thirty-year marriage. That had allowed her husband’s business to thrive. She would never achieve the lifestyle she enjoyed during the marriage. She had made good faith efforts at self-sufficiency.
The Trial Court erred in ordering the husband to pay prejudgment interest on the retroactive maintenance award. The retroactive maintenance award did not become due and cannot be considered unpaid yet. Not until the court entered a judgment modifying and extending the husband’s support obligation.
In re Marriage of Wojcik, 2018 IL App (1st) 170625 (December 17, 2018).
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