In re Marriage of Siddens

588 N.E.2d 321, 225 Ill. App. 3d 496, 167 Ill. Dec. 680, 1992 Ill. App. LEXIS 180
CourtAppellate Court of Illinois
DecidedFebruary 5, 1992
DocketNo. 5-89-0311
StatusPublished
Cited by13 cases

This text of 588 N.E.2d 321 (In re Marriage of Siddens) 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 Siddens, 588 N.E.2d 321, 225 Ill. App. 3d 496, 167 Ill. Dec. 680, 1992 Ill. App. LEXIS 180 (Ill. Ct. App. 1992).

Opinions

JUSTICE RARICK

delivered the opinion of the court:

Nancy Siddens, wife, appeals from the judgment of the circuit court of Lawrence County pertaining to the distribution of the parties’ property, denial of maintenance, and award of attorney fees.

Nancy and W.C. Siddens were married in the summer of 1981. Both parties had been married before, and W.C. was some 12 years Nancy’s senior. The marriage lasted six years.

Prior to and during the marriage, W.C. was involved in several businesses, primarily oil production, construction, automotive parts, farming and rental properties. All income from the various businesses was put into several different accounts, all of which were in the names of the respective businesses or W.C. Siddens alone. W.C. then transferred money from the business accounts to a personal account for family expenses. At the beginning of the marriage, W.C. transferred $900 a week into this family account which was then placed under Nancy’s control. By the time the parties separated in 1987, the amount per week had been reduced to $400. Part of the reason for the reduction stemmed from the fact that W.C.’s net worth had been declining for some years as a result of a failing economy in the Lawrenceville area. Nancy claimed, however, that W.C.’s net worth as of January 1, 1987, was $8,626,600. The evidence revealed, on the other hand, that W.C. had over $4,403,774 in debts as of December 31, 1987, and a negative net worth of $421,811. In fact, W.C.’s businesses had been losing money every year since 1982 prompting W.C. to transfer money repeatedly between his various accounts to cover expenses.

Prior to her marriage to W.C., Nancy was employed as a registered nurse. She stopped working, however, once the parties married. Nancy used the family-account money which W.C. had turned over to her to buy food for the parties, decorate their living quarters, cover her traveling expenses, support her relatives, and make her own personal investments and savings. When Nancy left the marriage, she took over $40,000 in cash and some 28 gold and silver coins. Instead of returning to the nursing profession, Nancy chose to live off these monies plus $200 a week in court-ordered temporary maintenance. Nancy has since become licensed to sell real estate but had not started working at the time of the last hearing. Nancy claims monthly expenses of $5,424. She also claims she is entitled to 50% of W.C.’s property, which she values at some $2,313,965, taking into account his numerous debts. The trial court did not agree and instead awarded Nancy $10,886, representing her nonmarital monies brought into the marriage, numerous items of furniture and personal property, a Chrysler LeBaron automobile, one-half of a parcel of real estate known as the Texaco property, $54,470 as Nancy’s interest in the improvements made upon the marital and business premises during the marriage, and $27,817 in attorney fees. Further maintenance was denied. Nancy appeals raising some 26 issues, the majority pertaining to specific items of property awarded to W.C. as his nonmarital property. Again, Nancy believes she is entitled to 50% of everything W.C. owns. She also requests permanent maintenance and all of her attorney fees.

We need not address every contention Nancy raises on appeal. Suffice it to say the record contains five large boxes of exhibits and extensive testimony and argument. The evidence overwhelmingly revealed that the majority of W.C.’s property was acquired prior to the parties’ marriage and was maintained separately throughout the marriage, thereby remaining W.D.’s separate property. (See Ill. Rev. Stat. 1989, ch. 40, par. 503.) It is true some items were exchanged for other property during the course of the marriage, but these “new acquisitions” were also separately maintained and separately titled. Assets purchased with separate funds remain separate property regardless of the number or type of postmarital exchanges as long as there has been no evidence of an intent to transmute. (See In re Marriage of Thacker (1989), 185 Ill. App. 3d 465, 467-69, 541 N.E.2d 784, 786-87; In re Marriage of Preston (1980), 81 Ill. App. 3d 672, 675-76, 402 N.E.2d 332, 335-36.) For example, the mere fact that W.C.’s primary business enterprise, Maeco, was incorporated into a subchapter S corporation during the marriage did not automatically transfer it into marital property. (See Thacker, 185 Ill. App. 3d at 468, 541 N.E.2d at 786.) Likewise, W.C.’s rental business did not become marital property simply because new properties were added and older ones were maintained when all of the funds came from W.C.’s separate accounts. Mere marital use of the rental income certainly did not transmute the properties themselves into marital assets. (See In re Marriage of Cihak (1981), 92 Ill. App. 3d 1123, 1126, 416 N.E.2d 701, 703.) Transmutation occurs only where the contribution of marital assets to non-marital property is significant. (In re Marriage of Aud (1986), 142 Ill. App. 3d 320, 330, 491 N.E.2d 894, 901.) For instance, the trial court properly awarded Nancy a share in the $100,000 plus improvements made to the parties’ residence during the marriage. In contrast, no reimbursement was required for improvements made to W.C.’s rental properties when the evidence was insufficient to establish increased value. And mere maintenance of an asset during a marriage, standing alone, does not constitute a significant contribution requiring reimbursement to the marital estate. (See And, 142 Ill. App. 3d at 330, 491 N.E.2d at 901; see also In re Marriage ofWojcicki (1982), 109 Ill. App. 3d 569, 573, 440 N.E.2d 1028, 1030.) Consequently, as all of W.C.’s business interests were held separately and controlled by him with little if any input from Nancy or the marital estate, we find no error in the trial court finding such interests to be the nonmarital property of W.C. to do with as he saw and sees fit. As a result, we find no evidence of any dissipation of assets. We further note the trial court is not required to place a specific value on each item of property as long as there is sufficient evidence of value in the record to support the court’s apportionment. See In re Marriage of Leff (1986), 148 Ill. App. 3d 792, 803, 499 N.E.2d 1042, 1050; Aud, 142 Ill. App. 3d at 326, 491 N.E.2d at 898; In re Marriage of Mullins (1984), 121 Ill. App. 3d 86, 89, 458 N.E.2d 1360, 1362; see also In re Marriage of Panener (1982), 111 Ill. App. 3d 546, 550, 444 N.E.2d 653, 656.

Turning to Nancy’s other contentions, we first reiterate that the touchstone of apportionment of marital property is whether the distribution is equitable. (See In re Marriage of Jones (1989), 187 Ill. App. 3d 206, 222, 543 N.E.2d 119, 130.) Equitable, however, does not necessarily mean equal. (In re Marriage of Harding (1989), 189 Ill. App.

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Bluebook (online)
588 N.E.2d 321, 225 Ill. App. 3d 496, 167 Ill. Dec. 680, 1992 Ill. App. LEXIS 180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-siddens-illappct-1992.