In Re Marriage of Mohr

631 N.E.2d 785, 260 Ill. App. 3d 98, 197 Ill. Dec. 563, 1994 Ill. App. LEXIS 313
CourtAppellate Court of Illinois
DecidedMarch 11, 1994
Docket4-93-0698
StatusPublished
Cited by21 cases

This text of 631 N.E.2d 785 (In Re Marriage of Mohr) 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 Mohr, 631 N.E.2d 785, 260 Ill. App. 3d 98, 197 Ill. Dec. 563, 1994 Ill. App. LEXIS 313 (Ill. Ct. App. 1994).

Opinion

JUSTICE LUND

delivered the opinion of the court:

In this marriage dissolution case in the circuit court of Champaign County, respondent Paul Mohr appeals and petitioner Martha Mohr cross-appeals from the May 19, 1993, "JUDGEMENT ORDER ON ANCILLARY ISSUES.” On July 16, 1992, the trial court entered an uncontested judgment dissolving the marriage of the parties. This earlier judgment found that the marriage of July 27, 1985, produced no children and that petitioner was 58 and respondent 63 years of age. Ancillary matters were reserved.

The May 19, 1993, order provided for division of property and maintenance. Portions of that order relative to the issues on appeal provided:

"F. Petitioner is awarded as her property *** $25,000 as her share of the 1992 crop.”
"7. Factors relevant to the apportionment of the parties’ marital estate are:
* * *
d. At the time the parties married, Petitioner gave up $1[,]000 per month maintenance payments and paid health insurance which she received as part of the settlement in her divorce from Dr. Twohey, as well as the security afforded her by a life insurance policy which Dr. Twohey was required to maintain in effect, based upon Respondent’s assurance that he could and would support her for the remainder of her life,
e. The parties executed an Antenuptial Agreement prior to their marriage,
* * *
z. In their Antenuptial Agreement, the parties agreed that each would contribute V 2 of the money needed to pay their combined expenses,
aa. Pursuant to the partiesf] expense[-]sharing agreement, Petitioner contributed in excess of $106,000 toward payment of the parties’ combined expenses during the parties’ marriage and Respondent contributed in excess of $66,000 toward payment of those expenses.”

In addition to the award of $25,000 and other assets to petitioner, the court provided:

"J. Respondent shall pay to Petitioner, as maintenance, $750 per month which payments shall continue until Petitioner dies, remarries or cohabits with another on a continuing, conjugal basis.”

RESPONDENT’S ISSUES ON APPEAL

Respondent contends on appeal that awarding petitioner $25,000 of the 1992 crops from his nonmarital farmland was in error and a nullity because neither party asserted such crop was marital property. As an alternative, he contends it was error to award $25,000 as her share of the 1992 crop from marital farmland because the crop from that land was worth only $9,500 before expenses were deducted. He also contends that such an award from the 1992 crop would be a substantial injustice, because it virtually eliminates respondent’s 1993 income.

Respondent also contends it was error, when determining maintenance, to consider maintenance given up by plaintiff when she married respondent.

PETITIONER’S ISSUES ON CROSS-APPEAL

Petitioner contends the trial court erred in not awarding her at least $l,000-per-month maintenance and payment of her medical insurance by respondent. She also contends the trial court erred in not awarding her an additional $20,000 to equalize the parties’ living expenses pursuant to the parties’ prenuptial agreement provision on living expenses.

ANALYSIS

At the time the parties married on July 27, 1985, petitioner was 51 years of age and respondent was 55. Both of them had grown children from their prior marriages. Petitioner’s settlement agreement from her previous marriage provided her with $1,000-per-month alimony, complete health coverage, and a $100,000 life insurance policy on her ex-husband’s life. Petitioner claims she voiced concerns over losing this support, but respondent allegedly reassured her by promising he would take care of her for the rest of her life.

An antenuptial agreement was executed prior to the marriage, providing that each party would contribute half their combined living expenses. Evidence indicated that petitioner contributed in excess of $106,000 toward these expenses, while respondent paid in excess of $66,000. During their seven-year marriage, both parties worked outside the home. Petitioner was employed as a retail clerk and earned between $10,000 and $12,000 per year. Respondent farmed land totaling 420 acres. This farmland was comprised of 40 acres purchased during the marriage and owned in joint tenancy by the parties, 80 acres which respondent owned prior to the marriage, and 300 acres which he leased under a crop-sharing agreement. The parties separated in late November or early December 1991.

The trial court’s judgment order on ancillary issues designated the 40 acres of joint tenancy farmland as marital property subject to apportionment. Also designated as marital property is the "1992 crop.” Respondent was assigned as his nonmarital property the 80 acres of farmland owned prior to the marriage, as well as the grain in storage from the 80 acres. Petitioner was awarded "$25,000 as her share of the 1992 crop.”

Respondent contends there is no rational basis for this $25,000 award. The order clearly states that respondent was awarded the crop from his 80 acres of nonmarital land. Since the crop from the 40 acres owned jointly with petitioner has a total value of approximately $9,500, less expenses, respondent argues that a $25,000 award as a share of the 1992 crop simply makes no sense. The award only makes sense if income from the 300 acres of leased land is taken into account. However, income derived from the crop-sharing agreement on the 300 acres is not specifically mentioned anywhere in the trial court’s order and, respondent claims, the issue was never litigated at trial.

Furthermore, respondent contends that marital assets must be valued at the time of dissolution, July 16,1992. At this time, the crop was still standing in the field and the parties’ pretrial memoranda never attempted to value this crop. Finally, respondent contends that neither party asserted in the pleadings that petitioner was entitled to a share of the entire crop.

Petitioner contends these issues are being raised for the first time on appeal and are therefore waived. We recognize that neither the filing of nor the failure to file a post-trial motion in nonjury civil cases limits the scope of review. (134 Ill. 2d R. 366(b)(3)(ii).) As long as the issue sought to be contested on appeal is presented to the trial court, then the issue is not waived by failure to file post-judgment pleadings. (See In re Marriage of Harper (1989), 191 Ill. App. 3d 245, 247, 547 N.E.2d 574, 575-76 (where the trial court’s failure to follow a statutory requirement was held waived because that specific issue was not brought to the attention of the trial court).) Here, the propriety of cash awards and the amount thereof were at issue in the trial proceedings. Waiver does not apply, and we will address respondent’s argument.

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Bluebook (online)
631 N.E.2d 785, 260 Ill. App. 3d 98, 197 Ill. Dec. 563, 1994 Ill. App. LEXIS 313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-mohr-illappct-1994.