In Re Marriage of Kristie

510 N.E.2d 14, 156 Ill. App. 3d 821, 109 Ill. Dec. 393, 1987 Ill. App. LEXIS 2639
CourtAppellate Court of Illinois
DecidedJune 1, 1987
Docket85-3351
StatusPublished
Cited by21 cases

This text of 510 N.E.2d 14 (In Re Marriage of Kristie) 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 Kristie, 510 N.E.2d 14, 156 Ill. App. 3d 821, 109 Ill. Dec. 393, 1987 Ill. App. LEXIS 2639 (Ill. Ct. App. 1987).

Opinion

JUSTICE O’CONNOR

delivered the opinion of the court:

Respondent, Robert S. Kristie, appeals from the apportionment of property and the award of maintenance to petitioner, Marilyn S. Kristie, following dissolution of the marriage. He also appeals from the trial court’s order denying his motion for rehearing. We affirm.

The parties were married for 36 years and have six children, all of whom are emancipated. At the time of the hearing to determine maintenance and allocate property, both of the parties were employed and in good health.

The husband’s first argument is that the award of permanent maintenance in the amount of $400 per month, terminable upon remarriage, cohabitation or the death of petitioner, was an abuse of discretion. He claims that the wife failed to prove both that she was entitled to maintenance pursuant to section 504(a) of the Illinois Marriage and Dissolution of Marriage Act (IMDMA or Act) (Ill. Rev. Stat. 1985, ch. 40, par. 504(a)) and that she was entitled to such a substantial amount for an unlimited period under section 504(b) of the Act. We disagree.

Section 504(a) of the IMDMA requires that in order for a court to grant maintenance, it must find that the spouse seeking it lacks sufficient property to provide for his or her reasonable needs, is either unable to support himself or herself through appropriate employment, or is otherwise without sufficient income.

The trial courts have wide latitude in determining what needs are reasonable and must decide on a case by case basis, taking into consideration such factors as the circumstances of the parties, the standard of living during the marriage, the duration of the marriage and the social position of the spouse seeking maintenance. The trial court must exercise its discretion in awarding or denying maintenance and its determination is presumed to be correct, (In re Marriage of Simmons (1980), 87 Ill. App. 3d 651, 657, 409 N.E.2d 321.) A maintenance award will not be set aside unless it is contrary to the manifest weight of the evidence. In re Marriage of Westphal (1981), 99 Ill. App. 3d 1042, 1045, 426 N.E.2d 303, appeal denied (1981), 88 Ill. 2d 555.

The husband challenges the maintenance award on the basis that the wife has been employed as a receptionist for 10 years and is therefore able to support herself through appropriate employment. He argues that she had a net income of $227 per week which she voluntarily reduced to $137 per week through discretionary credit union deductions. He also points out that the wife received free hospitalization coverage from her employer, the mortgage would be paid off in two years, and her total monthly expenses were only $1,000 per month. He contends that balancing her expenses against her true net income of $976 per month results in a shortfall of only $24 per month and thus the $400 per month was not justified.

That the wife has been employed for 10 years is only one factor to be considered in determining whether maintenance should be awarded. Maintenance may be appropriate where a spouse is employed but has little prospect of earning a salary commensurate with her needs or where she has insufficient property to provide an adequate income. (See In re Marriage of Simmons (1980), 87 Ill. App. 3d 651, 660, 409 N.E.2d 321.) Although the wife is employed, the.record supports her contention that she is unable to adequately support herself through her employment and that she is without sufficient additional income. She has been supported by respondent since the parties’ separation in February 1984 in the amount of $400 per month and has used her credit union savings deduction to pay monthly bills.

The husband’s net income, which is also a factor to be considered, is presently in excess of $362 per week and he testified that he spent $400 per month for rent and $250 per month for food. On the basis of present income, he will earn $260,000 in the future in contrast to her $135,000, a difference of $125,000. Although the husband characterizes the award as being unwarranted, when measured against the criteria of section 504(a), we find no abuse of discretion by the trial court.

The husband also argues that not only did the wife fail to meet the threshold requirements of section 504(a), in light of the requirements of section 504(b) of the Act, the award of permanent maintenance was against the manifest weight of the evidence. Neither the record nor the case law cited by him supports this argument. He relies on Bellow v. Bellow (1981), 94 Ill. App. 3d 361, 419 N.E.2d 924, appeal denied (1981), 85 Ill. 2d 563, where the appellate court reduced a maintenance award that was in excess of the wife’s expenses. In reducing the award, the court noted that it was $10,000 higher per year than family expenditures during the most relevant period of the marriage. (See Bellow v. Bellow (1981), 94 Ill. App. 3d 361, 370, 419 N.E.2d 924, appeal denied (1981), 85 Ill. 2d 563.) The wife here has been receiving $400 per month since the separation, and, based on the record, we believe that this amount was necessary for her support and not in excess of her need.

The husband’s reliance on In re Marriage of McNeeley (1983), 117 Ill. App. 3d 320, 453 N.E.2d 748, is also misplaced. The parties in McNeeley had been married for 30 years and all of their children were emancipated. The trial court in that case had awarded permanent maintenance of $3,200 per month, although temporary maintenance had been only $1,407 per month. The appellate court reversed, finding that there was no evidence to support the increase. In the instant case, there was no increase in the permanent maintenance award and the husband’s affidavit, which did not include his overtime pay, indicated that he had adequate income to provide maintenance.

He also cites In re Marriage of Glessner (1983), 119 Ill. App. 3d 306, 456 N.E.2d 311, appeal denied (1983), 96 Ill. 2d 567, and In re Marriage of Wisniewski (1982), 107 Ill. App. 3d 711, 437 N.E.2d 1300, appeal denied (1982), 92 Ill. 2d 573, in which the appellate court reversed awards of permanent maintenance. The facts in these cases are sufficiently dissimilar that they do not support limiting the duration of the maintenance award in the present case. We note that the $400-per-month award is fully taxable to the wife and fully deductible to the husband and would result in net income to the wife of only $290 per month or about $65 per week. We cannot find that an award of this modest amount, even for an indefinite period of time, constitutes an abuse of discretion.

The only substantial asset owned by the parties was the marital home.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Marriage of Hubble
2022 IL App (4th) 200657-U (Appellate Court of Illinois, 2022)
In re Marriage of Celani
2021 IL App (1st) 201085-U (Appellate Court of Illinois, 2021)
In re Marriage of Kincaid
2012 IL App (3d) 110511 (Appellate Court of Illinois, 2012)
In Re Marriage of Anderson
951 N.E.2d 524 (Appellate Court of Illinois, 2011)
In Re Marriage of Heroy
895 N.E.2d 1025 (Appellate Court of Illinois, 2008)
In re Marriage of Krane
Appellate Court of Illinois, 1997
In Re Marriage of Swanson
656 N.E.2d 215 (Appellate Court of Illinois, 1995)
In Re Marriage of Marcello
617 N.E.2d 289 (Appellate Court of Illinois, 1993)
In Re Marriage of Eidson
601 N.E.2d 298 (Appellate Court of Illinois, 1992)
In re Marriage of O'Brien
601 N.E.2d 1227 (Appellate Court of Illinois, 1992)
In Re Marriage of Vendredi
598 N.E.2d 961 (Appellate Court of Illinois, 1992)
In Re Marriage of Orlando
577 N.E.2d 1334 (Appellate Court of Illinois, 1991)
In Re Marriage of Kennedy
573 N.E.2d 1357 (Appellate Court of Illinois, 1991)
Kunkle v. Kunkle
554 N.E.2d 83 (Ohio Supreme Court, 1990)
In Re Marriage of Jones
543 N.E.2d 119 (Appellate Court of Illinois, 1989)
In Re Marriage of Emery
534 N.E.2d 1014 (Appellate Court of Illinois, 1989)
In re Marriage of Reimann
533 N.E.2d 104 (Appellate Court of Illinois, 1988)
In Re Marriage of Einhorn
533 N.E.2d 29 (Appellate Court of Illinois, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
510 N.E.2d 14, 156 Ill. App. 3d 821, 109 Ill. Dec. 393, 1987 Ill. App. LEXIS 2639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-kristie-illappct-1987.