Property Division

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SWAPPING PROPERTY OBLIGATIONS

Pursuant to the terms of the divorce judgment, husband was to make three $5,000 payments to wife over a one-year period. Wife was also to receive specified marital property. Husband was to receive the remainder of the property. Each of the parties subsequently filed petitions for rule to show cause.  Each alleged that the other [...]

By |2019-10-23T20:18:43+00:00October 23rd, 2019|Property Division|0 Comments

RETIREMENT AND DISABILITY BENEFITS

After court entered judgment of dissolution.  Husband died.  Then, wife (Jodi) filed 3rd-party complaint against Mary.  Mary was husband's wife at the time of his death.  Jodi alleged that Mary was unjustly enriched because she was receiving a pension as surviving spouse of a disabled firefighter under Section 4-114 of Pension Code. The Trial Court [...]

DISSIPATION-WHAT AND WHEN

At trial, the wife testified about and introduced into evidence several spreadsheets.  She argued that they made a basic showing that the husband had dissipated over $160,000.  In unaccounted cash withdrawals from his bank accounts from 2010 through the first half of 2016. Dissipation is the use of marital assets for the benefit of one [...]

By |2019-07-15T21:39:33+00:00July 15th, 2019|Property Division|0 Comments

WHEN IS A BIFURCATED JUDGMENT APPROPRIATE?

Wife filed a petition for dissolution for marriage.   Husband filed an answer and counterpetition.  He also filed a declaratory judgment action.  He was asking that their antenuptial agreement was valid and binding. At the conclusion of trial, husband's counsel requested the court to enter a judgment of dissolution.   Wife objected. Husband had a serious medical [...]

By |2019-06-24T21:07:54+00:00June 24th, 2019|Property Division|0 Comments

VOW TO CARE FOR A SPOUSE UNTIL DEATH REMAINS A WEE BIT INTACT

The trial court held that the home in which parties resided for their 28–year marriage was marital property.  It awarded the home and its furnishings to wife.  Husband appealed. The marital home, located in Winnetka was acquired by the parties after their marriage.   It was acquired and built from the proceeds from the sale of [...]

By |2019-04-25T18:28:51+00:00April 25th, 2019|Property Division, Uncategorized|0 Comments

IT’S OURS, NOT YOURS

At the divorce trial, the Trial Court held that the marital residence was husband’s non marital property.  It ordered husband to reimburse the marital estate for monies it had contributed to build the marital residence. Wife argued that the residence was marital property.  Wife appealed. Husband had contributed a substantial amount of non-marital funds towards [...]

By |2019-04-25T17:43:20+00:00April 25th, 2019|Property Division, Uncategorized|0 Comments

WAS HE LYING THEN, OR IS HE LYING NOW?

In a divorce case, there was a disputed $1,551,616.48 Fidelity account. At one time, this account contained husband's premarital fund.  It was a joint account between the parties. Later, husband transferred the account solely to wife. Husband testified he transferred the account to wife to protect the account from two malpractice actions that were then [...]

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