In Re Marriage of Martin

585 N.E.2d 1158, 223 Ill. App. 3d 855, 166 Ill. Dec. 136, 1992 Ill. App. LEXIS 53
CourtAppellate Court of Illinois
DecidedJanuary 16, 1992
Docket4-91-0400
StatusPublished
Cited by22 cases

This text of 585 N.E.2d 1158 (In Re Marriage of Martin) 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 Martin, 585 N.E.2d 1158, 223 Ill. App. 3d 855, 166 Ill. Dec. 136, 1992 Ill. App. LEXIS 53 (Ill. Ct. App. 1992).

Opinion

JUSTICE McCULLOUGH

delivered the opinion of the court:

On February 18, 1987, the circuit court of Champaign County entered an order dissolving the marriage of Howard and Linda Martin. In January 1989, the court awarded Linda $2,000 a month in maintenance for 24 months, subject to review at the end of that time. At the review hearing, the court denied Linda’s petition to extend the maintenance award. Linda appeals, contending the court abused its discretion by placing improper emphasis on the short duration of the marriage. We reverse.

Howard and Linda Martin were married on September 20, 1982. Prior to their marriage, they entered into an antenuptial agreement which specified division of all marital property in the event of a divorce. Linda filed a motion to set aside the antenuptial agreement and a hearing on that motion was held in March 1988. In September 1988, the court made the following findings of fact: Linda and Howard dated for three years prior to the marriage and the signing of the antenuptial agreement; while they were dating, Howard told Linda he had a net worth of approximately $3 million; before entering into the antenuptial agreement, Linda knew Howard was the principal owner of a successful automobile dealership on which a restaurant and grocery store were located, was a director of and owned stock in a bank, and owned a house in Champaign, Illinois, condominiums in Boca Raton, Florida, and Palm Springs, California; Howard’s attorney explained the terms of the agreement to both parties, invited questions about the terms, told Linda she should have the agreement reviewed by another attorney, and directed inquiries to her to confirm the signatures and acknowledgements; and Linda also received Howard’s financial statement.

Based on these findings, the trial court concluded the provisions of the agreement in which Linda waived her right to claim any interest in Howard’s property were enforceable. The court found Linda voluntarily entered into the agreement and she was sufficiently advised as to Howard’s financial affairs such that she could make a knowing election in regard to the property waiver. However, the court noted premarital agreements in which one party waives the right to seek spousal support are disfavored under Illinois law and will not be enforced unless waiver is given in exchange for significant financial consideration. Since at the time the parties entered into the antenuptial agreement Linda received no financial settlement and gave up her right to receive substantial alimony payments from her previous husband, the court granted that part of Linda’s motion which sought a declaration that the provision in which she waived her right to claim maintenance was unenforceable. The court also found Linda’s current earnings did not allow her to maintain a lifestyle consistent with that which she enjoyed during the marriage.

In January 1989, a hearing was held on Linda’s motion for maintenance. Linda was 48 years old, had one son from her first marriage and worked as a sales associate at Robeson’s Department Store. She earned $3.55 an hour and worked only 20 hours per week because of back problems. Linda had a high-school diploma and had taken one college course. She had worked as a stenographer from 1958 to 1960 and as a retail salesperson for approximately eight months in 1982. She had not taken any other courses nor looked for any other jobs since 1982. She received $1,250 a month in unallocated maintenance and support from her first husband until her marriage to Howard.

Linda testified that the parties had traveled extensively between Howard’s three residences, especially during the winter months, as well as taking various other trips. They went out twice a week during the marriage and entertained in their home once every week or two. Linda did not work during the marriage, at Howard’s request, so she would be available to travel with him on business and pleasure vacations. Howard gave her $2,000 a month for expenses during their marriage. During the separation, Linda lived on her salary from Robeson’s and money she had in money market and mutual fund accounts.

On cross-examination, Linda testified Howard made voluntary payments to her totalling approximately $95,000 between 1984 and 1988. Howard also provided her with a car and paid for the gas until 1988. Prior to the entry of the dissolution, he paid for a new roof on an apartment building owned by Linda, paid her real estate taxes and mortgage on property she owned and gave her $10,000 to furnish her own condominium. However, Howard took tax deductions for these items since the parties filed joint tax returns.

Based on this testimony, the court concluded Linda was without sufficient income to provide for herself and was entitled to maintenance. The court found Linda gave up her right to maintenance from her first husband upon her marriage to Howard. The court noted the standard of living during the marriage was lavish, with condominiums in Florida and California, country club memberships and expensive cars. The court found Howard had the ability to pay maintenance and that Linda made no effort to seek additional training or education to be anything other than a salesperson. The court then awarded maintenance in the amount of $2,000 a month, effective January 1, 1989, for a period of 24 months, the award to be reviewed by the court at the end of that time. The court also made the following statement: “I would indicate that there’s every reason to believe that that 24 months may well be the total duration of the maintenance award.” Neither party appealed that judgment.

On March 19, 1991, a hearing was held regarding Linda’s motion to review and extend the maintenance award. Linda testified that since the last court hearing, she had reduced her living expenses from $3,600 to $2,000 a month. She testified that one week after the January 1989 court hearing, she had enrolled in and completed the last three weeks of a five-week real estate course and had become licensed to sell real estate. She took a job with Miller & Miller, Ltd., realtors, as a salesperson in the spring of 1989. In February 1990, Linda left Miller & Miller and acquired a similar position with Prudential Landmark Real Estate Company. She testified she worked at least 40 hours per week, plus showed houses on the weekends. Linda stated she attends seminars and subscribes to publications to keep current in the field. She earned $100 in 1989, $3,700 in 1990, and had not yet earned any money in 1991. At the time of the hearing, however, she had sold one house, which would provide her -with some income after the closing, set for April. Linda stated she received no fringe benefits from her employer and worked strictly on a commission basis. She withdrew $4,000 from her savings to support herself in January and February 1991. Linda had paid her rent for March but had no funds to pay her other monthly bills. Linda’s car was owned by her son-in-law, who made the car payment. Howard’s financial affidavit was stipulated to by the parties and listed his net worth at $4.5 million.

The court concluded Howard’s ability to pay was not an issue. The court noted the duration of the marriage was approximately two years during which time Linda accompanied Howard on trips back and forth across the country for business and pleasure purposes.

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Cite This Page — Counsel Stack

Bluebook (online)
585 N.E.2d 1158, 223 Ill. App. 3d 855, 166 Ill. Dec. 136, 1992 Ill. App. LEXIS 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-martin-illappct-1992.