In Re Marriage of Gentry

544 N.E.2d 435, 188 Ill. App. 3d 372, 135 Ill. Dec. 939, 1989 Ill. App. LEXIS 1414
CourtAppellate Court of Illinois
DecidedSeptember 15, 1989
Docket3-88-0587
StatusPublished
Cited by11 cases

This text of 544 N.E.2d 435 (In Re Marriage of Gentry) 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 Gentry, 544 N.E.2d 435, 188 Ill. App. 3d 372, 135 Ill. Dec. 939, 1989 Ill. App. LEXIS 1414 (Ill. Ct. App. 1989).

Opinion

PRESIDING JUSTICE WOMBACHER

delivered the opinion of the court:

The respondent, Harold W. Gentry, appeals the trial court’s order dividing the parties’ marital property and awarding the petitioner, Joyce A. Gentry, maintenance. The respondent also questions the propriety of the amount and duration of the maintenance award.

The parties were married in 1963. They have two children as a result of their marriage, one of whom, Lynette, was emancipated by the time the proceedings were commenced, and the other, Todd, became emancipated after the trial court proceedings concluded, but prior to the commencement of these appeal proceedings.

Since 1965, Harold worked for Caterpillar, Inc., and he earned $3,936 a month, taking home $2,752.96. Joyce acquired a high school degree and attended Bob Jones University; however, she did not graduate due to a lack of credit hours. She worked in a clerical capacity during the first years of the marriage, but quit upon learning she was pregnant with their first child. Her principal vocation was as a housewife and mother; however, she occasionally volunteered outside the home.

Joyce was not without any monetary offering to this relationship. For instance, in 1979, Joyce inherited $11,940.46, which she contributed to the marital estate.

The parties formally separated on February 18, 1988. Thereafter, Joyce attended junior college to learn word processing transcription and data entry. She obtained a clerical job; however, the work was extremely sparse, so she continued to seek employment up to the time of hearing.

The parties’ marital residence sold for $83,000, of which $63,700 was realized. The parties’ other major assets include two automobiles, and an IRA worth $7,398, and other securities valued at $1,000. The parties’ debts included $2,527 for credit cards and $3,989 for an automobile. The parties anticipated substantial debts to be incurred subsequent to this hearing, i.e., moving expenses and an upcoming wedding.

The parties resolved several issues prior to this hearing. Several issues remained and were submitted to the trial court for resolution. The trial court assigned the auto and credit card payments to Harold, and he was awarded the older automobile, the condition of which was in question. The trial court determined there was $99,141.75 in liquid assets between the parties, which included the amount realized from the sale of their residence. Each party was allocated $4,600 for respective attorney fees and $6,000 was set aside for Todd’s first-year college expenses. This last amount was to be apportioned equally and after the first year, Harold was responsible for two-thirds of Todd’s college expenses based upon the current Illinois State University rates. Following these equivalent deductions, $83,941.75 remained, of which $55,000 (66%) was awarded to Joyce and the remainder to Harold.

Harold received the tax exemption for Todd and two-thirds of the 1987 income tax refund. Joyce received maintenance in the amount of $900 per month for the first eight months. Thereafter, Harold was to pay Joyce $750-per-month maintenance. Furthermore, Harold was to pay Joyce’s health insurance for three years following the entry of the order.

Harold contends the trial court abused its discretion in dividing the parties’ marital property. In almost any contested dissolution proceeding, the trial judge faces a most difficult decision due to the individuality of every dissolution proceeding and is required to make the fairest decision possible. The trial judge is afforded the benefit of the presentation of live testimony and physical or demonstrative evidence before a decision is required to be rendered. If and when there are discrepancies, inconsistencies, or omissions in the evidence, the trial judge can better attempt to eliminate those areas by initiating further questioning, which enables him to make the fairest and most equitable decision. A reviewing court experiences a more difficult task in analyzing the record of the trial court proceedings and reviewing the appropriateness of the judge’s decision.

Section 503(d) of the Illinois Marriage and Dissolution of Marriage Act (IMDMA) (Ill. Rev. Stat. 1987, ch. 40, par. 503(d)) sets forth many factors that the trial judge is to consider when dividing marital property. Without reiterating the same, several factors apply to this matter, while others are inapplicable. It is apparent the trial judge applied the relevant requisite factors which led to his decision. Some of the more relevant factors include the duration of the marriage, the value of the property set apart to each spouse, the contribution of each spouse to the marriage, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties. Ill. Rev. Stat. 1987, ch. 40, par. 503(d).

In nearly every dissolution-related appeal, the applicable standard of review is whether the trial court abused its discretion in rendering its decision. (In re Marriage of Hanson (1988), 170 Ill. App. 3d 298, 524 N.E.2d 695.) Such an abuse of discretion will be found where a court acts arbitrarily and without employing its conscientious judgment or where it exceeds the bounds of reason and ignores the recognized principles of law so that substantial injustice arises. (In re Marriage of Murphy (1983), 117 Ill. App. 3d 649, 453 N.E.2d 113.) We, as a reviewing court in a case such as this, cannot substitute our judgment or discretion for that of the trial court. In re Marriage of Ribordy (1984), 128 Ill. App. 3d 1073, 471 N.E.2d 1029.

A review of the applicable statutory factors indicates that the trial court resolved the distribution of the parties’ marital property in a correct and equitable manner. Due to Joyce’s long-term status as a mother and homemaker who chose not to engage in monetary employment outside of the home, she did not have the skills which would make her talents readily marketable and therefore employable. Harold complains that Joyce received a disproportionate share of their marital assets, and he should, under the circumstances, be entitled to a greater percentage. For many reasons, disparities in the distribution of marital assets do result; however, because a disparity exists, the trial court’s determination is not necessarily inequitable or incorrect. The IMDMA does not require an equal division of marital property. (In re Marriage of McDonald (1983), 113 Ill. App. 3d 116, 446 N.E.2d 559.) A homemaker makes a substantial contribution to a marriage and marital household comparable to that of the wage earner, and the homemaker’s contribution should not be discounted simply because she does not make a financial or monetary contribution to the relationship. In re Marriage of Stralow (1981), 95 Ill. App. 3d 235, 419 N.E.2d 1227.

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Bluebook (online)
544 N.E.2d 435, 188 Ill. App. 3d 372, 135 Ill. Dec. 939, 1989 Ill. App. LEXIS 1414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-gentry-illappct-1989.