In Re Marriage of Wentink

476 N.E.2d 1109, 132 Ill. App. 3d 71, 87 Ill. Dec. 117, 1984 Ill. App. LEXIS 2701
CourtAppellate Court of Illinois
DecidedDecember 7, 1984
Docket83—1886, 84—0616 cons.
StatusPublished
Cited by18 cases

This text of 476 N.E.2d 1109 (In Re Marriage of Wentink) 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 Wentink, 476 N.E.2d 1109, 132 Ill. App. 3d 71, 87 Ill. Dec. 117, 1984 Ill. App. LEXIS 2701 (Ill. Ct. App. 1984).

Opinion

JUSTICE SULLIVAN

delivered the opinion of the court:

In consolidated appeals from certain orders entered in an action for dissolution of marriage, petitioner contends that (1) the apportionment of the marital assets was inequitable; (2) the amount awarded her for child support was inadequate; and (3) the supplemental order requiring her to pay the fees of respondent’s attorneys for this appeal was improper. Respondent cross-appeals from that portion of the order allocating the marital assets, also contending that the distribution was inequitable.

Judgment for dissolution was entered on July 8, 1983. No issues pertaining to those portions of the order dissolving the marriage and awarding custody of the minor child to petitioner are raised in this appeal. Testimony and evidence presented at hearings on the remaining issues established that the parties were married in 1970 and have one child — Holly—born in 1975. Petitioner, 38 years of age at the time of trial, has a bachelor’s degree in business and worked in the commercial banking field for 2 1 k years prior to the marriage; but, except for volunteer work which she discontinued when Holly was born, she was not employed during the 12-year marriage. At the age of 25, she received the corpus of a trust established by her grandfather which consisted of more than 5,600 shares of AT&T stock, and upon the death of her mother, in 1977, she inherited approximately $500,000, of which $120,000 was placed in a trust for Holly. She had also acquired various items of furniture, jewelry, furs and silver before the marriage. Respondent, also 38 years of age, has a master’s degree in civil engineering and has worked for a firm as a consultant in that field for more than 15 years, earning approximately $46,000 in salary and a $7,500 bonus annually at the time of dissolution. Prior to the marriage, respondent had about $5,000 in savings, some furniture, and jewelry.

In 1971, the parties purchased the marital home for $80,000 with a down payment of $35,000 — apparently obtained primarily from the sale of some securities — and a $45,000 mortgage. Several years later, they contracted for the construction of an addition to the home which ultimately cost over $200,000, payment therefor being made with dividends from certain of petitioner’s securities and a $140,000 bank loan, $110,000 of which remained outstanding at the time of judgment. Throughout their marriage, both parties deposited their incomes into joint accounts, petitioner’s income approximating 60% and respondent’s 40% of the total contributions thereto. Household and family expenses were paid from those accounts and, on occasion, monies were withdrawn to purchase securities, both jointly and in their individual names. On July 8, 1983, the trial court entered its written order containing the following valuation and distribution of property:

Nonmarital Property Petitioner Respondent

Negotiable securities $1,111,695

Jewelry 40,000

Silverplate 10,000

Furniture 10,000

Furs 2,000

Total $1,173,695 -0-

Marital Property

Marital residence $275,000’ -0-

Negotiable securities 52,200 $ 49,400

Furniture 73,660 8,154

Cash -0-100,600

1979 Volkswagen 4,000 -0-

1981 Cutlass -0-6,000 2

Total $404,860 $164,154

Liabilities

Indebtedness on marital

home $158,000

Cash to be paid to re-

spondent 100,600s

Total $253,600 -0-

Net award $151,260 $164,154

In addition, the court ordered respondent to pay petitioner $350 per month for Holly’s support and each party to pay his or her own attorney fees and costs. On August 4, 1983, petitioner filed a notice of appeal, and on August 17, 1983, respondent filed a notice of cross-appeal. Thereafter, respondent moved for and was granted attorney fees to defend petitioner’s appeal, from which order petitioner takes the second appeal consolidated herein.

Opinion

Petitioner first contends that the trial court abused its discretion in apportioning the marital assets because it failed either to consider or give sufficient weight to her contributions to the acquisition and preservation of the marital estate.

It is well settled that the Illinois Marriage and Dissolution of Marriage Act (the Act) (Ill. Rev. Stat. 1983, ch. 40, par. 501 et seq.) requires the trial court to divide the marital property in “just proportions,” taking into account all relevant factors (In re Marriage of Aschwanden (1980), 82 Ill. 2d 31, 411 N.E.2d 238), including those enumerated in section 503(d) of the Act, the most pertinent of which, for purposes of this appeal, are:

“(1) the contribution or dissipation of each party in the acquisition, preservation, or depreciation or appreciation in value, of the marital and non-marital property, including the contribution of a spouse as a homemaker or to the family unit;
(2) the value of the property set apart to each spouse;
(3) the duration of the marriage;
(4) the relevant economic circumstances of each spouse when the division of property is to become effective, including the desirability of awarding the family home, or the right to live therein for reasonable periods, to the spouse having custody of the children;
* * *
(7) the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties;
* * *
(10) the reasonable opportunity of each spouse for future acquisition of capital assets and income ***.” (Ill. Rev. Stat. 1983, ch. 40, pars. 503(dXl) through (10).)

After considering all relevant factors, the court may, in its discretion, distribute the property in whatever proportions it deems equitable, and a reviewing court will not disturb that decision absent a showing that there was an abuse of that discretion (In re Marriage of Weinberg (1984), 125 Ill. App. 3d 904, 466 N.E.2d 925), which occurs only where the court acted arbitrarily and without the employment of conscientious judgment or exceeded the bounds of reason and ignored recognized principles of law so that substantial injustice resulted (In re Marriage of Sevon (1983), 117 Ill. App. 3d 313, 453 N.E.2d 866).

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

Related

In re Marriage of Celani
2021 IL App (1st) 201085-U (Appellate Court of Illinois, 2021)
In re Marriage of Murphy
763 N.E.2d 933 (Appellate Court of Illinois, 2002)
Department of Public Aid ex rel. Nale v. Nale
Appellate Court of Illinois, 1998
In Re Marriage of Talty
652 N.E.2d 330 (Illinois Supreme Court, 1995)
In Re Marriage of Talty
623 N.E.2d 1041 (Appellate Court of Illinois, 1993)
In Re Marriage of Thomas
608 N.E.2d 585 (Appellate Court of Illinois, 1993)
In re Marriage of Siddens
588 N.E.2d 321 (Appellate Court of Illinois, 1992)
In Re Marriage of Marthens
575 N.E.2d 3 (Appellate Court of Illinois, 1991)
Brezinsky v. Chervinko
548 N.E.2d 588 (Appellate Court of Illinois, 1989)
In re Marriage of Pick
521 N.E.2d 121 (Appellate Court of Illinois, 1988)
In Re Marriage of Heller
505 N.E.2d 1294 (Appellate Court of Illinois, 1987)
Smith v. Smith
702 S.W.2d 505 (Missouri Court of Appeals, 1985)
In Re Marriage of Erickson
483 N.E.2d 692 (Appellate Court of Illinois, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
476 N.E.2d 1109, 132 Ill. App. 3d 71, 87 Ill. Dec. 117, 1984 Ill. App. LEXIS 2701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-wentink-illappct-1984.