In Re Marriage of Clabault

619 N.E.2d 163, 249 Ill. App. 3d 641, 188 Ill. Dec. 799, 1993 Ill. App. LEXIS 1038
CourtAppellate Court of Illinois
DecidedJuly 1, 1993
Docket2-92-0711
StatusPublished
Cited by16 cases

This text of 619 N.E.2d 163 (In Re Marriage of Clabault) 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 Clabault, 619 N.E.2d 163, 249 Ill. App. 3d 641, 188 Ill. Dec. 799, 1993 Ill. App. LEXIS 1038 (Ill. Ct. App. 1993).

Opinion

JUSTICE QUETSCH

delivered the opinion of the court:

Respondent, Susan Clabault, appeals from the trial court’s order granting the dissolution of her marriage to petitioner, William T. Clabault. Respondent contends the trial court erred in: (1) the apportionment of petitioner’s pension benefits; (2) ordering the sale of the marital home; (3) awarding the 1991 tax exemption for the parties’ son, Edward, to petitioner; (4) awarding respondent’s 1991 tax refund of $1,250 to petitioner; (5) failing to award respondent the statutory minimum amount of child support; and (6) failing to award respondent sufficient maintenance. We affirm in part, vacate in part and remand the cause for further proceedings.

The parties were married on August 22, 1970, and had three children during the course of their marriage: Kathryn, Edward and Jonathan. At the time of dissolution on February 14, 1992, Kathryn was emancipated, Edward was in his last year of high school and was scheduled to graduate in June 1992, and Jonathan was in his second year of high school. Kathryn resides with petitioner and Edward and Jonathan reside with respondent.

At the time of dissolution, respondent was 50 years old and petitioner was 46 years old. In 1990, petitioner began working as a trial attorney with the Department of Justice in Washington, D.C., earning $83,306 per year. Prior to that time, he had been employed as an assistant United States Attorney in the Northern District of Illinois. He has worked continuously as a lawyer since the parties married in 1970.

Respondent was employed as a teacher at the time the parties married. She stopped working outside the home two months before the birth of their first child, Kathryn, in 1971. She did not work outside the home again until 1987-88 when she occasionally worked as a substitute teacher. In August 1989, respondent began working full-time as a kindergarten teacher. She received good reviews in her first year of teaching. However, after the school appointed a new principal, respondent did not receive a good rating.

Respondent testified that during 1990-91 she was under so much stress she could not function. In spite of an outpouring of support from the parents of her students, respondent’s contract was not renewed for the 1991-92 school year. She filed a claim against the school with the Illinois Human Rights Commission, but was unable to regain her position with the school. At the time of trial she was unemployed and receiving therapy and medication for severe depression. However, expert testimony revealed a good prognosis for respondent’s recovery provided she continue therapy.

In its order of dissolution, the court granted custody of Edward and Jonathan to respondent and ordered petitioner to pay $1,100 per month in child support until Edward graduated from high school on June 13, 1992, at which time support payments dropped to $880 per month. In addition, the court ordered petitioner to pay $880 per month in rehabilitative maintenance. The parties agreed that the value of the equity in the marital home was $123,600. The court ordered the home be sold and awarded 60% of the proceeds to respondent and 40% of the proceeds to petitioner. The court initially valued petitioner’s pension at $83,205 and awarded respondent an amount equal to 50% of the monthly pension benefits based on the benefits accrued during the course of their marriage.

Respondent filed a post-trial motion requesting the reopening of proofs regarding the value of petitioner’s pension benefits based on “newly discovered evidence” which respondent alleged revealed the value of the pension benefits accrued to be higher than initially determined. She also requested the modification of other portions of the judgment. Petitioner filed a “motion to clarify the judgment” requesting the court conform the wording of its order regarding the apportionment of the pension benefits to the format suggested in the Federal register. The court denied the motion to reopen proofs and granted the motion to clarify the judgment. Respondent timely appeals.

Respondent contends a new trial should be granted regarding the apportionment of petitioner’s pension benefits. Respondent argues the trial court erred in valuing the pension as of a date more than eight months prior to trial, in disregarding the testimony of respondent’s actuarial expert, in refusing to reopen proofs regarding “newly discovered” evidence relating to the value of the pension plan, and in “clarifying” its judgment thereby reducing respondent’s portion of the benefits. These arguments reveal a fundamental misunderstanding of what transpired at the trial level.

Retirement benefits earned during a marriage in the form of pensions and profit sharing interests are designated marital property. (In re Marriage of Davis (1991), 215 Ill. App. 3d 763, 773.) We note the difficulty in attempting to present evidence of the value of something that, under actuarial methods, is difficult to determine within a reasonable degree of certainty. (See Robinson v. Robinson (1986), 146 Ill. App. 3d 474, 476.) Because the valuation of such benefits is so problematic, Hlinois courts have developed two methods to apportion pension benefits upon dissolution.

The first method is known as the “immediate offset” approach under which a trial court may, upon the determination of the present value of the pension benefits, award the value of the benefit to the employee spouse and offset that award with other marital property of similar value. (Robinson v. Robinson (1986), 146 Ill. App. 3d 474, 476; see also In re Marriage of Hunt (1979), 78 Ill. App. 3d 653, 663.) This method is best used when there is sufficient actuarial evidence to determine the present value of the benefits, when the employee spouse is close to retirement age, and when there is sufficient marital property to allow an offset. Robinson, 146 Ill. App. 3d at 476.

The second method is known as the “reserved jurisdiction” approach. Under this approach, the court orders the employee spouse to pay an allocated portion of the pension fund to the former spouse, as it is disbursed, while retaining jurisdiction to enforce the decree. (Robinson, 146 Ill. App. 3d at 476; In re Marriage of Korper (1985), 131 Ill. App. 3d 753, 759-60.) Applying this method in apportioning benefits accrued during the marriage helps alleviate the inequities inherent in being unable to determine the present value of benefits which are dependent upon future events.

Although the trial court assigned á present value to the pension plan in this case, it used the reserved jurisdiction approach to determine the proper apportionment of benefits. Therefore, respondent’s arguments regarding the valuation of the benefits are irrelevant because the valuation of benefits at the time of dissolution was not involved in the court’s apportionment of benefits under the reserved jurisdiction approach. In the case at bar, the trial court awarded respondent 50% of the petitioner’s future benefits based on the number of years the parties were married. It used the following formula:

15 (number of years of service accrued during marriage)
----------------------x monthly pension x 50 percent
Total years of service

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Bluebook (online)
619 N.E.2d 163, 249 Ill. App. 3d 641, 188 Ill. Dec. 799, 1993 Ill. App. LEXIS 1038, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-clabault-illappct-1993.