In Re Marriage of Oden

917 N.E.2d 13, 334 Ill. Dec. 416, 394 Ill. App. 3d 392, 2009 Ill. App. LEXIS 917
CourtAppellate Court of Illinois
DecidedSeptember 21, 2009
Docket4-08-0687
StatusPublished
Cited by1 cases

This text of 917 N.E.2d 13 (In Re Marriage of Oden) 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 Oden, 917 N.E.2d 13, 334 Ill. Dec. 416, 394 Ill. App. 3d 392, 2009 Ill. App. LEXIS 917 (Ill. Ct. App. 2009).

Opinion

JUSTICE POPE

delivered the opinion of the court:

In September 2006, petitioner, Loretta M. Oden, petitioned for dissolution of her marriage to respondent, Edward R. Oden. In August 2008, the trial court entered a judgment dissolving the marriage, addressing issues of property distribution and maintenance. Edward appeals, arguing the court erred in awarding him only 54% of the Satin Bank account, which contained the proceeds from a settlement for personal injuries suffered by Edward in 1988.

I. BACKGROUND

At the time of filing of the petition for dissolution, Loretta was 47 years old and Edward was 52 years old. The parties had been married for nearly 30 years, having married on November 6, 1976. Three children were born to the parties, all of whom were adults at the time of filing.

Edward and Loretta acquired 360 acres of tillable farmland between 1980 and 1997. For almost 20 years, from 1987 until the parties separated in March 2006, Edward and Loretta farmed this ground and approximately 45 acres they rented. In addition, both Edward and Loretta worked in their house-moving business, Greene County Steel Sales, from 1987 until 2005. Loretta is currently employed by West-Central Mass Transit, earning approximately $30,000 per year. Edward receives an annual income of $23,022 from social security disability payments and a disability pension through the ironworkers’ union.

From 1976 until 1988, Edward was employed as an ironworker. In 1988, he suffered an electric shock on the job and fell, suffering serious injuries. He received a workers’ compensation award, which was expended by the parties during the marriage. In 1994, in settlement of a separate personal-injury action resulting from the electric shock, a check in the amount of $489,273.85, made payable to Edward and Loretta, was deposited in a Salin Bank joint account. At the time of trial, the Salin Bank account contained $589,273.85. By mutual agreement, beginning in 2002 or 2003, Edward began to draw $3,000 per month from the Salin Bank account to use for living expenses.

The parties entered into a joint evidentiary stipulation (stipulation) filed April 23, 2008, which dealt with (1) the valuation of property owned by the parties and (2) the distribution of some of the property. The trial court heard evidence and issued its ruling on August 6, 2008. This ruling adopted the parties’ joint stipulation, dealt with issues of dissipation, and provided for the distribution of property not covered by the stipulation. Maintenance was not awarded to either party. A formal judgment of dissolution, which incorporated the stipulation, and the court’s August 6, 2008, order (with some clarifications not relevant here) were entered on August 19, 2008. On September 17, 2008, Edward filed a notice of appeal. The only issue presented for review is the court’s decision concerning the division of the Salin account, which held proceeds from Edward’s personal-injury settlement.

II. ANALYSIS

Because the only issue on appeal is the division of marital property, we review the trial court’s decision under the abuse-of-discretion standard. In re Marriage of Hubbs, 363 Ill. App. 3d 696, 699-700, 843 N.E.2d 478, 482 (2006). In its August 6, 2008, order, the court, after reviewing the evidence, stated “[Edward] should be awarded an increased share of [the Salin] account. This amount is determined to be $50,000.00.”

In an exhibit attached to the August 6 order, the trial court set forth the property distribution of the entire marital estate. Edward received $344,636.93 from the Salin account while Loretta received $244,636.83. While at first blush it appears Edward received $100,000 more than Loretta from the Salin account, Edward’s brief indicates the Salin account was used to offset other distributions, and after those offsets, Edward received an extra approximately $50,000 from the account. Loretta’s brief does not dispute this, and this court finds, for purposes of this opinion, Edward received approximately $50,000 more than Loretta from the Salin account.

Turning to the evidence, the parties had a sizeable estate, approximately $1.5 to $1.7 million (excluding the Salin account), which they agreed to divide 50-50. These assets included farmland, other real estate, farm equipment and machinery, Green County Steel Sales equipment, vehicles, investment accounts, certificates of deposit, individual retirement accounts, bank accounts, and cash-value life insurance.

In 1988, Edward was severely injured when he suffered an electric shock and fell. His spleen ruptured and was removed, as was his gallbladder. His right hand was amputated, and he required skin grafts in his legs and hands. He suffered broken ribs and a broken hip socket. He was hospitalized for six weeks.

Loretta stayed at the hospital 24 hours per day for the first week, came to the hospital daily for the next 5 weeks, and cared for Edward at home as he recovered over the next year. Following his recovery period, Edward returned to farming alongside Loretta and to working again at Greene County Steel Sales, moving and elevating homes. He did not return to employment as an ironworker.

Approximately one year after the accident, Edward began to suffer seizures and, despite medication, continues to suffer seizures from time to time. Following his injuries, he engaged in fits of anger and entertained suicidal thoughts. He takes several medications for his depression and has been hospitalized at least three times due to his mental-health issues.

Approximately five years following the accident, Edward and Loretta received a personal-injury settlement totaling $489,273.85. At the time of the dissolution, the trial court valued this account at $589,273.85 (court’s exhibit B) (although the stipulation provided the Salin account balance was $550,000 as of March 31, 2008). Two hundred thousand dollars had been drawn from this account to build the marital residence. In addition, beginning in 2002 or 2003, Edward began to draw $3,000 per month for living expenses from this account.

Loretta requested an equal distribution of the funds in the Salin account. She pointed out the injury occurred 20 years prior to the dissolution, and the settlement was received 15 years prior thereto. The funds were paid jointly to the parties, held in a joint account, and expended by agreement for the marital residence and living expenses. Loretta testified the settlement check was made out to the parties jointly because “marri[ed] life would be different [after the accident] and due to anguish on her part.” Apparently, no written allocation to a loss-of-consortium claim was ever made. She argued (1) this was a 30-year marriage; (2) she cared for Edward after his injuries; (3) she worked side by side with him in the farming and house-moving business; and (4) she lived frugally during the marriage, resulting in the preservation and growth of the marital estate. Edward’s physical condition is stable, and he should not require future surgeries due to his 1988 accident. Despite his disability, he was able to return to vigorous employment as a farmer and house mover.

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Bluebook (online)
917 N.E.2d 13, 334 Ill. Dec. 416, 394 Ill. App. 3d 392, 2009 Ill. App. LEXIS 917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-oden-illappct-2009.