In Re Marriage of Didier

742 N.E.2d 808, 252 Ill. Dec. 270, 318 Ill. App. 3d 253, 2000 Ill. App. LEXIS 988, 2000 WL 1875887
CourtAppellate Court of Illinois
DecidedDecember 26, 2000
Docket1-99-2564
StatusPublished
Cited by42 cases

This text of 742 N.E.2d 808 (In Re Marriage of Didier) 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 Didier, 742 N.E.2d 808, 252 Ill. Dec. 270, 318 Ill. App. 3d 253, 2000 Ill. App. LEXIS 988, 2000 WL 1875887 (Ill. Ct. App. 2000).

Opinions

JUSTICE COHEN

delivered the opinion of the court:

After trial on his wife’s petition for dissolution of marriage, respondent Martin W. Didier (Martin) appeals the judgment of the circuit court of Cook County. Martin asserts that the trial court erred in (1) classifying certain property as nonmarital and awarding that property to petitioner Gail A. Didier (Gail), and (2) awarding Martin inadequate maintenance. Gail cross-appeals, claiming that the trial court erred in (1) awarding Martin any maintenance “whatsoever,” (2) finding that certain funds that Gail transferred into Martin’s business were a gift rather than a loan, and (3) relieving Martin of all child support obligations. We affirm in part, reverse in part and remand.

Martin Didier ánd Gail Adreani were married on February 14, 1976, in Chicago, Illinois. The couple had three children: Ryan, born May 3, 1980; Kelly, born May 22, 1982, and Kari, born April 26, 1985. At the time of their marriage, both Martin and Gail worked outside the home. Gail stopped working when their first child was born in 1980. Both before and during the marriage, Gail acquired substantial corporate and partnership interests that provided investment income ranging from $600,000 to $850,000 per year. Gail’s income was used to support the family, including Martin. Martin was employed by a succession of different corporations between 1976 and 1990. Martin’s highest W-2 income for any given year during this period was approximately $35,000. As of 1990, Martin became self-employed.

The parties were in agreement as to several issues related to the dissolution and stipulated to the following facts before the trial court:

A. Gail is a mother and homemaker and works part-time for McDonald’s. Gail resides at 4161 Terri-Lyn Lane, Northbrook, Illinois, with the parties’ three children.
B. Martin is self-employed through Integration Technologies, Inc. (ITI), a subchapter “S” corporation incorporated by Martin in 1990.
C. Martin received as a gift from Gail’s family 3.743%, or 5,600 shares, of capital stock in North Pier Terminal, Ltd., a closely held corporation. This stock is Martin’s nonmarital property and should be assigned to him.
D. Gail received as a gift from her family 3.743%, or 5,600 shares, of capital stock in North Pier Terminal, Ltd. This stock is Gail’s nonmarital property and should be assigned to her.
E. In addition to her North Pier Terminal, Ltd., stock, Gail owns the following corporate and partnership interests:
Name % Interest # of Shares Date(s) Acquired
National Terminals Corp. 19.091353 38,484.4 08-21-89 —
04-02-97
Norridge Development Corp. 10 100 12-08-92
Courts of Amber Woods, Inc. 10 100 08-21-89
Norwood Builders, Inc. 20 20 03-01-89
Norwood Plaza, Inc. 20 500 08-25-89
Adreani Farms (partnership) 20 n/a 1974
Adreani Buildings (partnership) 20 n/a 1983.
E The parties acquired the following vehicles during the marriage:
1. 1998 Ford Explorer
2. 1991 Ford Explorer
3. 1990 Ford Taurus
4. 1999 Toyota 4Runner
5. 1998 Saab 900.
Gail is the titleholder for all of the aforementioned vehicles. The parties have entered into an agreed order whereby Gail has assigned title of the 1990 Ford Taurus to Martin, provided that Martin takes all steps necessary to transfer title of said vehicle into his name with the Illinois Secretary of State, and Martin agrees to indemnify and hold Gail harmless with respect to the ownership and use of said vehicle.
G. Title to the residence located at 4161 Terri-Lyn Lane, North-brook, Illinois (the Northbrook home), is held in a land trust under trust agreement No. 8096 with Parkway Bank & Trust Company. Gail is the owner of 100% of the beneficial interest under said trust agreement. Martin stipulates that if the residence is found to be Gail’s nonmarital asset, he will not make any claims that he made marital contributions for which the marital estate is entitled to reimbursement. The stipulated value of the property is $430,000. There has never been a mortgage on the property.
H. In addition, Gail has the following assets
1. an ABN-AMRO brokerage account in the name of Gail A. Didier;
2. La Salle Bank checking and savings accounts in the name of Gail A. Didier;
3. a $5,000 life insurance policy; and
4. all furniture, furnishings, fixtures, appliances, jewelry, clothing and other personal property in the Northbrook home or in her possession.
I. Martin owns 100% of the stock of ITI. ITI shows on its balance sheet, contained within the corporation’s 1997 federal income tax return, a “Loan from Shareholders” in the amount $205,639.
J. In addition, Martin has the following assets:
1. La Salle Bank checking and savings accounts in the name of Martin W Didier;
2. a Charles Schwab IRA in the name of Martin W Didier;
3. a MONY $25,000.00 death benefit life insurance policy; and
4. all furniture, furnishings, fixtures, appliances, jewelry, clothing and other personal property in his possession.
K. Martin has stipulated that neither he nor his attorney is seeking an award of attorneys fees from Gail.

The record before us on appeal is lengthy and fact-intensive. In the interests of brevity, we forego an initial recitation of the facts. Relevant facts will be discussed as we address each of the issues on direct and cross-appeal.

I. Classification of Marital Assets

Martin appeals the trial court’s classification of the Northbrook home, Gail’s corporate and partnership interests and certain accounts purportedly containing investment income received from those interests as Gail’s nonmarital assets. We first consider the classification of the Northbrook home.

The record reflects that, after their marriage in 1976, the parties lived in a condominium complex known as “Washington Golf’ in Niles, Illinois. Gail testified that one of the condominium units in the complex was a gift to her from her father, Raymond Adreani (Adreani).

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Cite This Page — Counsel Stack

Bluebook (online)
742 N.E.2d 808, 252 Ill. Dec. 270, 318 Ill. App. 3d 253, 2000 Ill. App. LEXIS 988, 2000 WL 1875887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-didier-illappct-2000.