Parties divorce. Wife was awarded the substantial amount of $10,000 per month maintenance. It was to stop when husband retired from his medical practice. Years later, Husband retired and stopped paying maintenance.
Wife filed a motion to continue maintenance. She said that some substantial events had taken place. These events should continue the maintenance even after husband retired. The trial court did not continue the maintenance. The trial court found that husband’s decision to retire was made in good faith. He had not retired to stop maintenance to wife. He had retired because it was time to do so.
When husband stopped making maintenance payments, wife began taking distributions from her retirement accounts. Wife’s decision to withdraw from her retirement account was a result of her own lack of financial planning. The trial court said that wife had been given sufficient maintenance for her to save for the looming reduction in maintenance when husband retired.
Wife had not managed the maintenance she had received. She had not prepared for husband’s retirement. She had not prepared for the end of maintenance. Wife did not pursue avenues to become self-sufficient. She continued to operate two businesses at a consistent loss for 20 years. She drained her retirement account to pay property taxes.
Wife pointed to the distributions husband had begun taking from his IRA as proof that he can pay maintenance. The Appellate Court said that husband’s distributions do not qualify as income for the purpose of calculating maintenance. He had received those accounts in the original divorce calculations. Those were his.
In re Marriage of Virdi, 2014 IL App (3d) 130561.