In Re Marriage of Benkendorf

624 N.E.2d 1241, 252 Ill. App. 3d 429, 191 Ill. Dec. 863, 1993 Ill. App. LEXIS 1243
CourtAppellate Court of Illinois
DecidedAugust 13, 1993
Docket1-91-2736, 1-91-3811 cons.
StatusPublished
Cited by17 cases

This text of 624 N.E.2d 1241 (In Re Marriage of Benkendorf) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Marriage of Benkendorf, 624 N.E.2d 1241, 252 Ill. App. 3d 429, 191 Ill. Dec. 863, 1993 Ill. App. LEXIS 1243 (Ill. Ct. App. 1993).

Opinion

JUSTICE MURRAY

delivered the opinion of the court:

Richard C. Benkendorf (Richard) appeals from portions of a judgment for dissolution of marriage and an order of child support.

Richard presents the following issues for review: (1) whether the trial court’s decision to award 60% of the marital property to the wife and 40% to the husband was against the manifest weight of the evidence; (2) assuming arguendo that the division of property is reasonable, whether the husband received less than 40% due to errors in valuation made by the trial court; (3) whether the trial court failed to consider the effect of liabilities assigned to the husband; (4) whether the trial court erred in refusing to permit evidence of valuation contemporaneous with the entry of judgment for dissolution of marriage; (5) whether the trial court’s child support order should be reversed; and (6) whether the trial court abused its discretion in ordering the minor children to attend Elgin Academy and requiring the husband to pay a portion of their educational expenses there.

On January 26, 1988, Carol A. Benkendorf (Carol), filed a petition for dissolution of marriage. Nine children were bom to the parties during the marriage, and at the time of the dissolution three were under the age of 18.

Richard was 52 years old at the time of trial. He had a bachelor’s degree from Notre Dame University. After he graduated college he was employed by IBM for approximately 16 years. After he left IBM, he was employed by a series of companies which culminated in his most recent employment with Ameritech. At Ameritech he was a small division vice-president from 1989 until he was terminated on October 19, 1990. Richard’s annual salary at Ameritech was $135,000 plus bonus. The president of Ameritech testified that Richard’s employment at Ameritech was terminated; he did not leave voluntarily.

At the time of trial Carol was 50 years old. She received a bachelor’s degree in biology and chemistry from St. Mary’s College, Notre Dame, Indiana, in 1961; a master’s degree from the University of Michigan in 1975 and a doctorate degree from Michigan in 1978. Currently she works as a consultant. She owns interests in three corporations she formed. They are Toxicology Data Services (100%), Tox Data Systems (50%), and Hazard Communication Resources (80%). She earned approximately $39,000 in 1985, $40,000 in 1986, and $31,500 in 1987 from Toxicology Data Services. Earlier in the marriage when the parties lived in Michigan she was employed at Ford Motor Company. She earned $18,000 per year when she began working at Ford and was earning $30,000 a year when the parties left Michigan to come to Chicago.

The record reveals that the parties accumulated a marital estate having an approximate value of $2 million.

Carol has nonmarital property with a value of $223,529. In addition, she is a lifetime income beneficiary of two trusts set up by her mother and father. Carol can ask the trustee to invade the principal for “her care, maintenance, medical needs, comfort, support, and general welfare” and “for her to provide for the needs of any of her children who are dependent upon her for their support.” However, upon Carol’s death, the trust corpus is to be divided equally among her nine children. The right to the income from the aforementioned trusts is also Carol’s nonmarital property.

On May 2 and 6, 1991, the trial court made its oral pronouncement that it would divide the marital property 60/40 in favor of the wife; that there would be no maintenance for either party; that two of the children, Sharon and Matthew, would attend Elgin Academy; and that it would take up the issue of support and educational expenses at a future hearing. The trial court also stated orally on May 17, 1991, that it would employ the “last trial date” which was December 6, 1990, as the date of valuation of the assets. The written judgment for dissolution of marriage was entered on July 9,1991.

I

Richard argues that the division of marital property, 60% to the wife and 40% to the husband, is an abuse of discretion and against the manifest weight of the evidence under the circumstances of this case.

The distribution of marital assets is within the sound discretion of the trial judge and will not be disturbed on appeal unless there has been a clear abuse of discretion. (In re Marriage of Bush (1991), 209 Ill. App. 3d 671, 677, 567 N.E.2d 1078.) It is a well-established rule that a reviewing court is not justified in substituting its judgment for that of the trial court. (In re Marriage of Lee (1979), 78 Ill. App. 3d 1123, 398 N.E.2d 126.) However, a reviewing court must reverse if it determines that the trial court acted arbitrarily and without the employment of conscientious judgment or, in view of all the circumstances, exceeded the bounds of reason and ignored recognized principies of law so that substantial injustice resulted. In re Marriage of Matters (1985), 133 Ill. App. 3d 168, 180, 478 N.E.2d 1068, 1076.

Pursuant to section 503(d) of the Illinois Marriage and Dissolution of Marriage Act (Ill. Rev. Stat. 1989, ch. 40, par. 503(d)), the trial court has broad discretion to apportion marital property in “just proportions,” and that discretion is abused only when no reasonable person would take the view adopted by the court. (In re Marriage of Durante (1990), 201 Ill. App. 3d 376, 383, 559 N.E.2d 56, 61.) The trial court is not required by statute to divide the property with mathematical equality. (In re Marriage of Ligas (1982), 110 Ill. App. 3d 1, 441 N.E.2d 1277.) Although the trial court must consider all relevant factors under section 503(d), it need not make specific findings as to each relevant factor. (In re Marriage of Benz (1988), 165 Ill. App. 3d 273, 518 N.E.2d 1316.) The value of the parties’ nonmarital assets is a factor to be considered in the division of marital property. (In re Marriage of Deem (1984), 123 Ill. App. 3d 1019, 463 N.E.2d 1317.) In distributing the marital estate, the court should seek to place the parties in a position from which they can begin anew, in addition to providing adequate support for the children. In re Marriage of Lee (1979), 78 Ill. App. 3d 1123, 398 N.E.2d 126.

We believe the record reflects that the trial judge considered all the appropriate factors in determining the distribution of the marital estate, including the value of Carol’s nonmarital property. We are unable to find that no reasonable person would take the view adopted by the trial court and find that the trial court did not abuse its discretion in ordering a 60/40 split of the marital property in the present case. Accordingly, we affirm the trial court’s decision to divide the marital property 60% to Carol and 40% to Richard.

II

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Cite This Page — Counsel Stack

Bluebook (online)
624 N.E.2d 1241, 252 Ill. App. 3d 429, 191 Ill. Dec. 863, 1993 Ill. App. LEXIS 1243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-benkendorf-illappct-1993.