In Re Marriage of Demar

897 N.E.2d 322, 385 Ill. App. 3d 837
CourtAppellate Court of Illinois
DecidedSeptember 29, 2008
Docket1-07-1437
StatusPublished
Cited by15 cases

This text of 897 N.E.2d 322 (In Re Marriage of Demar) 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 Demar, 897 N.E.2d 322, 385 Ill. App. 3d 837 (Ill. Ct. App. 2008).

Opinion

PRESIDING JUSTICE ROBERT E. GORDON

delivered the opinion of the court:

Respondent, Hale L. Demar, appeals the trial court’s final ruling on division of property pursuant to the dissolution of his marriage to petitioner, Karen A. Demar. He argues that the trial court wrongfully: (1) reduced his share of the assets in a marital investment account, (2) failed to meaningfully allocate any marital debt that existed at the time of the parties’ separation to Karen, and (3) allocated the entire value of the home and investments Karen purchased with the proceeds she received from the sale of the parties’ jointly held real estate properties to Karen. We affirm.

I. BACKGROUND

This case involves the dissolution of marriage of an affluent couple, Hale and Karen Demar, who prior to their marriage formed a highly successful staffing agency, ProNurse, Inc. After the parties’ marriage, their financial success continued through real estate transactions and passive investing.

Karen and Hale met in the summer of 1984. Karen was 23 years old and Hale was 35 years old. Karen and Hale dated for about six years and married on April 27, 1990. Two children were born to the marriage, namely, Jack, born in 1993, and Madeline, born in 1995. The parties were awarded joint custody of the minor children, with residential custody awarded to Karen.

A. The Parties’ Premarital Relationship

When the parties met, Karen held a bachelor’s degree in nursing and worked in the pediatric unit at Rush Presbyterian St. Luke’s Medical Center (Rush Presbyterian) earning approximately $20,000 to $30,000 per year. Hale testified that he was the owner and general manager of the Oak Tree Restaurant in Chicago, earning “a couple hundred thousand” per year. Hale testified that while he and Karen were dating he opened three other restaurants, but that they failed after a few years. Hale declared personal bankruptcy in 1985.

Karen moved into Hale’s Chicago condominium in late 1984 or early 1985. In early 1987, Karen left her employment with Rush Presbyterian and joined the Myerscoff Nursing Agency (Myerscoff), a nurse-staffing agency that provided nurses to hospitals upon request, because Myerscoff offered her greater flexibility in setting her work schedule. Karen earned considerably more than she earned with Rush Presbyterian, but became discontent with her work at Myerscoff because Karen’s specialty was pediatric intensive care, and Myerscoff often sent her to care units such as adult intensive care for which she was not qualified. In late 1987, Karen discussed her career options with Hale, including the possibility of continued schooling for advanced training. Recognizing the shortage of qualified nurses in the Chicagoland area and the fact that nurses affiliated with nursing agencies earned 40% more than hospital staff nurses while being better able to control their schedules, the parties saw an opportunity for a successful business and decided to investigate its possibilities. Their key concept was to create a nurse-staffing agency run by a professional nurse who could understand and address the concerns of nurses, thereby attracting talented nurses who would normally not associate with a staffing agency.

Karen left her employment with Myerscoff in mid-1987. She joined every nurse-staffing agency in Chicago, where, using a checklist she and Hale developed, she collected information on the scope of qualifications testing and hiring procedures of large and small agencies, as well as figures related to pay rates and nursing specialties. Then, Karen interviewed several hospital nursing directors as well as unit-level nurses to gather information about hospitals’ attitudes toward agency nurses. From the data she collected, Karen created an employment package containing applications, screening forms, and specialty specific examinations, while Hale developed approaches to maintain the stability of the quality of the nurses they hired. ProNurse Staffing, Inc. (ProNurse), was incorporated in November 1987, with 1,000 shares of stock issued. Hale provided the start-up money for ProNurse. Karen testified that she did not remember the amount of money Hale contributed to the start-up costs of ProNurse, but testified that it was probably between $50,000 and $100,000.

The parties enlisted the help of Bonnie Zawora, an experienced nurse-staffing coordinator, to help start the company. The parties offered Bonnie 200 of the 1,000 shares of issued stock in ProNurse to induce her employment. Because of Hale’s recent bankruptcy proceeding, the remaining 800 shares were issued to Hale’s father, Marshall Demar. Marshall, who paid nothing for the shares of issued stock, soon transferred his 800 shares to his wife, Raylie Demar.

Karen performed all of the activities regarding the marketing of ProNurse to various Chicagoland hospitals. Hale handled all financing and contract negotiations related to ProNurse’s activities.

At the time ProNurse was created, Karen, Hale, and Bonnie worked long hours. Karen, who was the president and director of nursing, interviewed potential nurses, tested their qualifications, and obtained hospital accounts for ProNurse’s services. She also met with computer programmers to create a program that would handle all the data concerning various hospitals, hospital shifts, payroll, and accounts receivable. Karen and Bonnie handled payroll and staffing, all the daily record keeping, incident reports, and shared the responsibility of answering phones and taking staffing requests from Chicago-land area hospitals 24 hours a day, 7 days a week. Karen testified that she worked between 70 and 90 hours a week and received about 200 calls each day. Hale reviewed all the weekly reports of hours, billing, and accounts receivable and payable, and managed the company’s cash flow.

Karen testified that when she and Hale discussed the ownership structure of ProNurse, she understood that Hale would own 60%, Karen 20%, and Bonnie 20%. Hale testified that he had no discussions with Karen about the issuance of stock because ProNurse “was my company. I founded it. *** I started the company. I put the team together. I funded it. I took the risk. It was my exposure. It was my decision to make, and frankly I thought that 20% on the upside was a very generous present both to Karen and to Bonnie.” When asked how many conversations he had with Karen about stock prior to the formation of ProNurse, Hale responded, “Not many. There were not a lot [sic] of conversations. It was, ‘This is what I am going to do, allow you or give you, Bonnie, Karen.’ That was it. I wasn’t open to discussion ***.” When asked whether Karen had contributed to staffing, acquiring hospital contracts, and handling the marketing of ProNurse services, Hale answered, “She was paid for those services.”

Bonnie’s shares in ProNurse were redeemed in 1993. Karen testified that she thought that she owned 25% of ProNurse and that Hale owned 75% of ProNurse, and while the company’s federal K-l tax form and federal tax returns were based on that percentage, no original stock certificate reflected that division.

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Bluebook (online)
897 N.E.2d 322, 385 Ill. App. 3d 837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-demar-illappct-2008.