In Re Marriage of Eidson

601 N.E.2d 298, 235 Ill. App. 3d 907, 175 Ill. Dec. 901, 1992 Ill. App. LEXIS 1684
Appellate Court of Illinois·Decided October 15, 1992·No. 5-90-0549·Published·Cited by 21 cases

Opinion

JUSTICE HENRY LEWIS

delivered the opinion of the court:

The respondent, Maurice A. Eidson, appeals the judgment of the circuit court dissolving the parties’ marriage; awarding the petitioner, Betty M. Eidson, maintenance for 58 months; dividing the marital property; and ordering respondent to pay 72% of the college expenses for the parties’ daughter, Tranae. The respondent does not question the dissolution of marriage; however, he contends that the court’s distribution of the marital property was inequitable, that the court erred in granting petitioner temporary maintenance for 58 months, and that the court erred in ordering the respondent to pay 72% of Tranae’s college expenses. For the reasons set forth below, we affirm in part and modify in part the circuit court’s decision.

The parties were married on October 17, 1970, and had one child, Tranae, bom October 2, 1972. Petitioner filed a petition for dissolution of marriage on October 3, 1988. The marriage was dissolved on June 26, 1989. Hearings on the remaining issues were held on February 5, February 7, and February 20, 1990. At the time of the aforementioned hearings to determine maintenance and allocate property, both of the parties were employed and in good health. The record discloses that the circuit court distributed the marital assets as follows:

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Thus, Maurice was awarded 38% of the marital property, and Betty was awarded 62% of the marital property.

However, the marital debts were ordered to be paid as follows:

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Therefore, Betty was ordered to pay a much more substantial portion of the marital debts than Maurice.

According to section 503(d) of the Illinois Marriage and Dissolution of Marriage Act (the Act) (Ill. Rev. Stat. 1991, ch. 40, par. 503(d)), the division of marital property must be in “just proportions” after a consideration of all “relevant factors.” (In re Marriage of Drone (1991), 217 Ill. App. 3d 758, 765, 577 N.E.2d 926, 931.) The division of marital property in “just proportions,” however, does not mean that the property must be divided with mathematical equality. (Drone, 217 Ill. App. 3d at 765, 577 N.E.2d at 931.) An unequal division may be made where the court has properly applied the statute. (Drone, 217 Ill. App. 3d at 765, 577 N.E.2d at 931.) In fact, an approximate equality is equitable, especially in longer marriages. (In re Marriage of Cepek (1992), 230 Ill. App. 3d 1045, 1048, 596 N.E.2d 131, 134.) Section 503(d) of the Act (Ill. Rev. Stat. 1991, ch. 40, par. 503(d)) sets forth the factors to be considered by the trial court in determining the division of marital property. The relevant statutory factors to include in this case are as follows: the contribution of the parties to the marital property; the value of the property set apart for each spouse; the duration of the marriage; the relevant economic circumstances of the parties upon distribution of the property; the age, health, station, occupation, amount and sources of income, vocational skills, and employability of the parties; the custodial provisions for any children; whether apportionment is in lieu of or in addition to maintenance; and the reasonable opportunity of each spouse to acquire capital assets and income in the future. (Drone, 217 Ill. App. 3d at 765-66, 577 N.E.2d at 931; In re Marriage of Kristie (1987), 156 Ill. App. 3d 821, 824, 510 N.E.2d 14, 16.) Thus, the court has broad discretion under section 503(d) to make an equitable apportionment of marital property (In re Marriage of Zummo (1988), 167 Ill. App. 3d 566, 575, 521 N.E.2d 621, 626; In re Marriage of Phillips (1992), 229 Ill. App. 3d 809, 825, 594 N.E.2d 353, 363), and abuse of discretion occurs only when no reasonable man could take the view adopted by the trial court. (Kristie, 156 Ill. App. 3d at 824, 510 N.E.2d at 16.) “As we have stated countless times before, a trial court’s resolution of property division is fettered only by the range of reason. [Citation.] And we, sitting as a reviewing court, will not disturb the judgment unless an abuse of the court’s discretion is shown.” In re Marriage of Siddens (1992), 225 Ill. App. 3d 496, 500, 588 N.E.2d 321, 324.

The respondent relies upon In re Marriage of Sheber (1984), 121 Ill. App. 3d 328, 459 N.E.2d 1056, to support his argument that he is entitled to a percentage of the equity in the marital home. However, the respondent fails to recognize the distinction between the case at hand and the Sheber case. In Sheber, the only significant asset was the marital home; therefore, the court determined that it was appropriate to give the respondent a lien on the proceeds of the sale of the marital home. In the instant case, however, the parties’ most substantial assets were their retirement accounts, which were equally divided. Hence, the marital home is not the most significant asset in the instant case, and the respondent is not entitled to a portion of the equity in the marital home because he has failed to show how the trial court abused its discretion in the distribution of the marital property.

Furthermore, the respondent relies upon In re Marriage of Wade (1987), 158 Ill. App. 3d 255, 511 N.E.2d 156, to support his proposition that the marital home should be sold and the equity divided between the parties. However, the respondent fails to realize that the petitioner is not required to sell or diminish her assets in order to meet her needs.

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In Re Marriage of Eidson, 601 N.E.2d 298, 235 Ill. App. 3d 907, 175 Ill. Dec. 901, 1992 Ill. App. LEXIS 1684 (Ill. Ct. App. 1992).

601 N.E.2d 298 (In Re Marriage of Eidson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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