In Re Marriage of Brown

608 N.E.2d 967, 241 Ill. App. 3d 305, 181 Ill. Dec. 716, 1993 Ill. App. LEXIS 204
CourtAppellate Court of Illinois
DecidedFebruary 18, 1993
Docket3-92-0123
StatusPublished
Cited by3 cases

This text of 608 N.E.2d 967 (In Re Marriage of Brown) 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 Brown, 608 N.E.2d 967, 241 Ill. App. 3d 305, 181 Ill. Dec. 716, 1993 Ill. App. LEXIS 204 (Ill. Ct. App. 1993).

Opinion

JUSTICE LYTTON

delivered the opinion of the court:

Mary and Fredric (Fred) Brown were divorced pursuant to a judgment of dissolution of marriage entered by the circuit court of Kankakee County on December 2, 1991. Fred presents three questions on appeal: (1) whether the court improperly included the goodwill of Fred’s corporations as a divisible marital asset; (2) whether the court lacked competent evidence on the value of the corporations upon which it could base a just property settlement and maintenance award; and (3) whether the court abused its discretion by awarding Mary $l,500-per-month maintenance for five years in light of the property awarded her and Fred’s ability to pay. We affirm the trial court on all three issues.

Mary filed a petition for legal separation in July 1990. Fred filed a response to the petition for legal separation and a counterpetition for dissolution of marriage in August 1990. Trial was held over two days in July 1991 and September 1991, with testimony given exclusively by Fred and Mary. There were no expert witnesses for either party.

The evidence introduced at the trial established that the parties were married in 1969, and had two children, Lisa and Lori, 20 and 18 years of age, respectively. The family home had been purchased in 1985 for $73,000. At the time of trial, $60,000 was owed on the mortgage. While the home had not been appraised, Fred believed that its value was $149,000.

Fred is the president and 50% shareholder of Brown-Miller Corp. (Brown-Miller), a closely held corporation whose principal business is the sale and distribution of plumbing products. Brown-Miller maintains a consignment inventory and operates under a series of 30-day contracts with a number of plumbing supply manufacturers that give Brown-Miller territorial rights for northern Illinois. Brown-Miller has been operating in this manner for over 10 years with a progressive increase in gross receipts and profits. According to Brown-Miller’s corporate income tax returns, the gross profits for Brown-Miller were $512,458 for 1987, $610,270 for 1988, and $657,710 for 1989.

Fred is provided a company car and is salaried by Brown-Miller at $89,000 per year. His salary was voluntarily decreased in 1989 from $105,000. Fred and Jack Miller, the other shareholder and principal in Brown-Miller, decide the amount of salary.

In 1986, Brown-Miller sold a portion of its territorial rights with Chicago Faucet Company in eastern Iowa to the Zeil Company for $30,000.

Fred testified that he had no opinion as to the value of his shares in Brown-Miller.

In addition to Brown-Miller, Fred has 50% and 33% interests, respectively, in two other related businesses that are housed in the same rental facility as Brown-Miller, Benchmark Showcase Ltd. (Benchmark), and Balmoral Group Ltd. (Balmoral). Fred does not receive a salary from Balmoral, and, with the exception of a $5,000 bonus taken in 1988, has not received a salary from Benchmark. The three businesses are interrelated, have interlocking management, and combined generate approximately $1 million per year in gross receipts.

The court awarded Mary, in part, the family home subject to a $60,000 mortgage for which she was responsible, a 1987 Buick Riviera subject to a $7,200 loan for which she was to pay, and a $100,000 property distribution payable at $1,500 per month. Additionally, Mary was awarded $1,500 per month in rehabilitative maintenance for five years. Fred was awarded, in part, his shares in the stock of his three companies and his pension.

When reviewing a trial court’s distribution of marital assets, this court will not disturb the trial court’s judgment 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.) An abuse of discretion occurs when, in view of all the circumstances, no reasonable person would take the view adopted by the trial court. In re Marriage of Jones (1989), 187 Ill. App. 3d 206, 227, 543 N.E.2d 119.

Fred’s initial assertion of error is that the trial judge improperly valued Fred’s goodwill by taking the goodwill into account twice. According to Fred, the court improperly valued Fred’s goodwill in considering his future income potential, and also in valuing it as a marital asset that is subject to division.

Although it is improper for a trial court to duplicatively value the element of goodwill in determining a party’s ability to generate future income, and again for valuing a party’s interest in an ongoing business (In re Marriage of Zells (1991), 143 Ill. 2d 251, 256, 572 N.E.2d 994), Fred has failed to point to any ruling made by the trial court that would support his argument.

Fred’s sole support for his argument is found in the trial court’s October 3, 1991, memorandum, which states in part:

“There is obviously a good deal of good will in these companies, for as defendant pointed out, the stock would not be worth much without the presence of Miller and himself. *** The stock will be awarded to [Fredric]. It is the court’s belief the stock is more valuable than the equity in the residence, and that imbalance should be made up in cash.”

The court’s discussion of goodwill recognized the success of Brown-Miller, and the undesirability of forcing a sale of stock, for, without a principal’s active involvement in the corporation, the stock’s value is substantially lessened. (In re Marriage of Carini (1983), 112 Ill. App. 3d 375, 445 N.E.2d 412.) We agree with the trial court that a sale of the stock would be “disastrous.” Nothing in the record indicates that the court improperly considered goodwill a divisible marital asset.

Our supreme court has stated that any value of goodwill in a business is inherently reflected in the factors considered in reaching a just property distribution under section 503(d) of the Illinois Marriage and Dissolution of Marriage Act (Dissolution Act) (Ill. Rev. Stat. 1991, ch. 40, par. 503(d)). (In re Marriage of Zells, 143 Ill. 2d at 256, adopting the reasoning of this court in In re Marriage of Courtright (1987), 155 Ill. App. 3d 55, 507 N.E.2d 891.) Here, the trial court’s October 3, 1991, memorandum indicates that it considered each of the elements of section 503(d) in arriving at its distribution of the marital assets.

We find that the trial court did not value Fred’s goodwill in a duplicative manner and did not abuse its discretion in considering the goodwill of Fred’s companies.

Fred next asserts that the trial court lacked competent evidence upon which it could base a just property settlement, specifically that the trial court erred by failing to assign a value to Fred’s stock interests in the three companies.

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Cite This Page — Counsel Stack

Bluebook (online)
608 N.E.2d 967, 241 Ill. App. 3d 305, 181 Ill. Dec. 716, 1993 Ill. App. LEXIS 204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-brown-illappct-1993.