In Re Marriage of Orlando

577 N.E.2d 1334, 218 Ill. App. 3d 312, 160 Ill. Dec. 763, 1991 Ill. App. LEXIS 1331
CourtAppellate Court of Illinois
DecidedAugust 7, 1991
Docket1-89-3032, 1-90-0322 cons.
StatusPublished
Cited by26 cases

This text of 577 N.E.2d 1334 (In Re Marriage of Orlando) 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 Orlando, 577 N.E.2d 1334, 218 Ill. App. 3d 312, 160 Ill. Dec. 763, 1991 Ill. App. LEXIS 1331 (Ill. Ct. App. 1991).

Opinion

JUSTICE GREIMAN

delivered the opinion of the court:

The respondent, Anthony Orlando (Anthony), appeals from portions of a judgment for dissolution of his marriage to petitioner, Marjorie Orlando (Marjorie). Anthony contends that the circuit court erred in (1) classifying certain assets (i.e., a certificate of deposit and stock) as Marjorie’s nonmarital property; (2) allocating two-thirds (66.7%) of the marital property to Marjorie and one-third (33.3%) to Anthony; (3) ordering Anthony to pay $242 per month for spousal support and maintenance; (4) requiring Anthony to pay Marjorie’s attorney fees; and (5) supplementing its judgment after 30 days. In addition, Marjorie submits that this court should reconsider our denial of her motion to dismiss this appeal.

For the reasons which follow, we reverse the circuit court’s decision regarding the classification of a certificate of deposit and stock and find that these assets are marital property. We affirm the circuit court’s judgments on all of the other issues raised. We also find that this court has jurisdiction to hear this appeal and decline to reconsider our previous denial of Marjorie’s motion to dismiss the appeal.

Anthony and Marjorie were married in 1947, separated in 1985, and divorced in 1989. Two sons, Douglas and Christopher, were born during their marriage. At the time of their divorce, Anthony was 61 years old, Marjorie was 60 years old, Douglas was 32 years old and emancipated, and Christopher was 16 years old.

Marjorie testified that after high school she worked for three months as a secretary and then married Anthony. Marjorie worked either full time or part time until the birth of her younger son, Christopher, in 1972. Marjorie did not have outside employment from 1972 through 1984. During the last three years, 1986-1989, Marjorie was fired from 8 to 12 jobs. Her highest gross annual income was $10,000.

Marjorie further testified that since 1985 she has been receiving medical treatment for back problems which limit her ability to sit for more than 20 hours a week at a job. At times she wears a steel brace to relieve the back pain. Additionally, in December 1988 Marjorie was diagnosed with diverticulitis which was controlled, but not cured, by antibiotics and thus remains an ongoing concern.

Since 1987 Marjorie has been receiving treatment from a psychologist, Dr. Donald Gorsline, who testified as to Marjorie’s mental condition and diagnosed Marjorie as having a borderline personality disorder. Over the years, Dr. Gorsline has increased his time spent with Marjorie from once a week to twice a week and then three times per week. Dr. Gorsline testified that Marjorie’s mental disorder is affecting her ability to find or keep a job but opined that she could function fairly normally within two to three years. Dr. Gorsline recommended part-time employment of no more than four hours a day for Marjorie at this time.

Anthony testified that he has a college degree in accounting and has been doing accounting work for 30 years. For the last 10 years Anthony has been employed by Commons-Allison Incorporated as the director of corporate taxes and earns a gross annual salary of $44,000. In addition Anthony receives a bonus calculated on the company’s profits. He received $1,000 as a bonus for the years of 1987 and 1988 but received no bonus for the previous eight years. Anthony also supplements his income by preparing tax returns for outside clients and friends.

The following list represents the assets of Anthony and Marjorie as determined by the circuit court:

Marital Property
Family Home (equity) $210,000.00
1988 Buick (equity) 3,500.00
1982 Reliant car and 1976 car (no equity)
IRA 2,000.00
401-K 6,225.02
TOTAL 221,725.02
Marjorie’s Nonmarital Property
Keystone stock 4,678.92
Certificate of Deposit 18,000.00
TOTAL 22,678.92

The Keystone stock was inherited by Marjorie from her father, and the stock was subsequently put into joint tenancy with Anthony. In 1972, Marjorie’s father died and the Keystone stock was divided three ways: one-third to Agnes Miller (Marjorie’s mother), one-third to Marjorie’s sister (Marilyn), and one-third to Marjorie. In 1978, Agnes Miller transferred her one-third stock share equally to Marjorie and Marilyn. Marjorie testified that she first saw the stock certificates in joint name with Anthony in 1979, a fight ensued with Anthony, and she executed the necessary paperwork out of fear of her husband. Anthony testified that Marjorie voluntarily transferred the stock into joint tenancy to avoid any probate problems if Marjorie should die. The stock at issue today is the same stock which Marjorie received from her father in 1972 and it has remained in joint tenancy since 1978 or 1979.

Marjorie’s mother, Agnes Miller, had a $30,000 certificate of deposit which was to pass to Marjorie when Agnes died. However, in 1974, Agnes, while still alive, gave $15,000 from the certificate of deposit to Marjorie which was used by Marjorie toward the purchase of her previous marital home with Anthony. In 1981, when Agnes died the remaining $15,000 certificate of deposit passed to Marjorie. Anthony testified that he put the $15,000 in joint accounts. Neither Anthony nor Marjorie made any subsequent contributions to the certificate of deposit but the interest on the certificate of deposit was put into a marital account for expenses before their separation. After their separation, Marjorie transferred the certificate of deposit into Christopher’s name alone to prevent Anthony from accessing those funds. Marjorie currently uses some of the interest for living expenses.

The trial court found that Anthony’s net monthly income is $2,487. His monthly required payments amount to $1,511 for the following obligations: mortgage ($685); child support ($486); Marjorie’s health insurance ($98) and maintenance ($242). Anthony testified that he lives with his older brother in an apartment and voluntarily pays virtually all of their expenses.

On October 10, 1989, the circuit court entered the judgment for dissolution of marriage. Marjorie was granted custody of Christopher, and they were given the right to remain in the marital home until Christopher graduated from high school. Three months after Christopher’s graduation from high school (i.e., September 1991), the marital home is to be sold and the net proceeds are to be divided 66.7% to Maxjorie and 33.3% to Anthony.

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

Related

In re Marriage of Abutaleb
2020 IL App (3d) 190572-U (Appellate Court of Illinois, 2020)
In re Marriage of Sarancic
2020 IL App (1st) 191817-U (Appellate Court of Illinois, 2020)
In re Marriage of Foster
2014 IL App (1st) 123078 (Appellate Court of Illinois, 2014)
In re Marriage of Kincaid
2012 IL App (3d) 110511 (Appellate Court of Illinois, 2012)
Lowenthal v. McDonald
Appellate Court of Illinois, 2006
In re Marriage of Berger
Appellate Court of Illinois, 2005
In Re Marriage of Reppen-Sonneson
701 N.E.2d 1159 (Appellate Court of Illinois, 1998)
In Re Marriage of Bonneau
691 N.E.2d 123 (Appellate Court of Illinois, 1998)
In Re Marriage of Krivi
670 N.E.2d 1162 (Appellate Court of Illinois, 1996)
In Re Marriage of Head
652 N.E.2d 1246 (Appellate Court of Illinois, 1995)
In Re Marriage of Ward
641 N.E.2d 879 (Appellate Court of Illinois, 1994)
In Re Marriage of Albrecht
639 N.E.2d 953 (Appellate Court of Illinois, 1994)
In Re Marriage of Andrew
628 N.E.2d 221 (Appellate Court of Illinois, 1993)
In Re Marriage of Marcello
617 N.E.2d 289 (Appellate Court of Illinois, 1993)
In Re Marriage of Patrick
599 N.E.2d 117 (Appellate Court of Illinois, 1992)
In re Marriage of Miller
595 N.E.2d 1349 (Appellate Court of Illinois, 1992)
In Re Marriage of Vendredi
598 N.E.2d 961 (Appellate Court of Illinois, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
577 N.E.2d 1334, 218 Ill. App. 3d 312, 160 Ill. Dec. 763, 1991 Ill. App. LEXIS 1331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-orlando-illappct-1991.