In Re Marriage of Rai

545 N.E.2d 446, 189 Ill. App. 3d 559, 136 Ill. Dec. 922, 1989 Ill. App. LEXIS 1532
CourtAppellate Court of Illinois
DecidedSeptember 29, 1989
Docket1-87-3562
StatusPublished
Cited by27 cases

This text of 545 N.E.2d 446 (In Re Marriage of Rai) 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 Rai, 545 N.E.2d 446, 189 Ill. App. 3d 559, 136 Ill. Dec. 922, 1989 Ill. App. LEXIS 1532 (Ill. Ct. App. 1989).

Opinion

JUSTICE McNAMARA

delivered the opinion of the court:

The trial court dissolved the 13-year marriage of petitioner, Dr. Charanjeet Rai (the wife), and respondent, Krishan D. Rai (the husband), and following a bench trial, determined their property rights. Petitioner appeals, contending that the trial court erred in awarding an inequitable distribution of marital property in favor of respondent, who made little or no homemaker or financial contribution, and who dissipated the marital assets; that the trial court erred in failing to determine respondent’s obligation to support the parties’ two minor children; and that the trial court abused its discretion in ordering petitioner to pay a portion of respondent’s attorney fees. Petitioner asks this court to enter judgment in her favor for an amount “significantly more than 50% of the marital assets,” or in the alternative, to remand for a new trial on all issues.

The parties were married on May 24, 1970, in India. Petitioner is a licensed physician, specializing in obstetrics and gynecology, earning over $200,000 per year at the time of the 1983 dissolution of marriage. Respondent has several degrees in engineering, but has not worked in that field since 1975. Instead, he claimed some part in running petitioner’s medical practice, and he invested in several restaurants, which allegedly brought him a net income of $4,800 during the entire period of their marriage.

The parties’ daughter, Tanya, was born June 1, 1973, and a son Erik was born January 1, 1975. Petitioner filed for dissolution of the marriage on June 17, 1982. She retains custody of the minor children, and neither the dissolution nor custody is an issue in this case. Petitioner alleged in her petition for dissolution that respondent dissipated the marital assets and should receive no portion of the marital estate. On October 12, 1983, the trial court granted a bifurcated judgment for dissolution of marriage and reserved all remaining issues for trial. The trial took place over a two-year period, involving 19 days of hearings. Both sides offered evidence as to their marital assets; their respective efforts in caring for the children and home; their respective financial contributions; and respondent’s dissipation of marital assets.

On October 15, 1986, the trial court rendered an oral decision on the remaining bifurcated issues. On February 6, 1987, the court entered an order relative to valuations of the marital assets. On April 2, 1987, a supplemental judgment for dissolution of marriage was entered.

On October 27, 1987, the trial court entered a final order, distributing the property as follows:

To Respondent:
1. Oak Brook home, including the debt thereon. (Value per respondent: $117,931; value per petitioner: $91,533; value per court: $104,732.) This home was built in 1981 for investment purposes and for use on weekends by petitioner and the children.
2. Petitioner would pay Oak Brook home’s mortgage principál, interest, taxes and insurance for three months following entry of trial court judgment. Upon sale of this home, respondent could keep a net distribution of $370,000.
3. Pension Accounts — one-half interest, not including the Keoughs or IRA’s transferred to avoid current tax consequences to petitioner. (Value per respondent: $232,680; value per petitioner: $114,000; total value as of October 12, 1983: per court $247,000.)
To Petitioner:
1. Lake Shore Drive Condominium. (Value per respondent: $166,000; value per petitioner: $150,000; value per court: $158,000.) The court found this was the family home where petitioner and the minor children resided.
2. Keough Plan and IRA’s. (Value per respondent: $46,815; value per petitioner: $35,200; value as of October 1983, per court: $35,200.)
3. Automobiles, furniture, furnishings and jewelry in her possession and including the contents of both homes. (Value per respondent: $172,100; value per petitioner: $50,000; minimal value per court: $100,000.)
4. Stocks and Bonds. (Value per respondent: $99,700; value per petitioner: $12,500; minimum value as of October 1983, per court: $12,500.)
5. Medical practice, as nonmarital property. (Value per respondent: $150,000; value per petitioner: $40,000 to 60,000; value per court: $70,000.)
6. Oak Brook home. Petitioner will retain a lien on any amount in excess of a net distribution to respondent of $370,000, after deducting costs of sale.
7. Pension accounts — one-half thereof.

In regard to the dissipation of marital funds, the court found on April 2, 1987, that “neither party has dissipated the marital property.” In its memorandum of opinion, the court found that respondent’s investment in a vending machine business and in restaurants may have been unprofitable, but did not amount to dissipation. Such business ventures were considered, however, in assessing respondent’s contribution to the acquisition of marital assets.

In regard to respondent’s contributions as a homemaker, the court found that his contributions were not so minimal or negative to preclude him from any significant share in the marital estate. The court went on to state: “[t]he fact that Dr. Rai’s income has generated all of the assets acquired by the parties since 1975 together with the fact that she has been the sole financial support of the minor children of the parties since that time, equitably requires that she receive a significantly greater apportionment of the marital assets.” The court further stated “[d]ue to Dr. Rai’s superior capability to acquire future assets and income, Mr. Rai is entitled to a[n] equitable share in the marital assets.” The court originally directed petitioner to pay her husband monthly maintenance but, noting among other things that respondent had remarried prior to the supplemental judgment, ordered that petitioner was not required to pay maintenance to her husband.

In regard to child support, the trial court found that petitioner had been the sole economic support of the children since 1975. “[D]ue to the economic circumstances of Mr. Rai, it cannot be anticipated that any monetary support contributions from him will be forthcoming in the foreseeable future.” The trial court reserved the issue of respondent’s payment of child support.

In regard to attorney fees, the court found that in light of his property award, respondent had a substantial capacity to pay attorney fees and costs. The court held, however, that in view of petitioner’s property award and greatly superior earning capacity, it was appropriate that she pay $65,000 of respondent’s attorney fees and costs.

Petitioner contends that the trial court abused its discretion when it inequitably distributed marital property in favor of respondent.

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Cite This Page — Counsel Stack

Bluebook (online)
545 N.E.2d 446, 189 Ill. App. 3d 559, 136 Ill. Dec. 922, 1989 Ill. App. LEXIS 1532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-rai-illappct-1989.