In Re Marriage of Westcott

516 N.E.2d 566, 163 Ill. App. 3d 168, 114 Ill. Dec. 411, 1987 Ill. App. LEXIS 3493
CourtAppellate Court of Illinois
DecidedNovember 2, 1987
Docket84-1701
StatusPublished
Cited by17 cases

This text of 516 N.E.2d 566 (In Re Marriage of Westcott) 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 Westcott, 516 N.E.2d 566, 163 Ill. App. 3d 168, 114 Ill. Dec. 411, 1987 Ill. App. LEXIS 3493 (Ill. Ct. App. 1987).

Opinion

JUSTICE O’CONNOR

delivered the opinion of the court:

Respondent, Peggy A. Westcott, appeals from the trial court’s entry of a supplemental judgment distributing marital assets incident to the dissolution of her marriage with petitioner, Robert E Westcott. On appeal, respondent contends that the trial court erred in: (1) its disposition of the marital assets; (2) finding that respondent had dissipated martial assets; (3) failing to observe proper trial procedure; (4) being biased and predisposed against respondent; and (5) ordering respondent to pay all of the attorney fees. We affirm in part and reverse in part.

The parties were married on September 17, 1977. At that time, petitioner was 54 and respondent 35 years old. They both had been married before, respondent three times and petitioner once. Both had children from their previous marriages, but none were born as a result of their marriage. At the time the dissolution proceedings began, all of their children, except for respondent’s minor son, had reached majority and were emancipated.

When they were married in 1977, petitioner was the sole owner of Westcott Associates, Inc. (Westcott), which he had incorporated in 1967, and respondent was the executive vice-president of Leopold and Company, a consulting firm. On April 7, 1979, petitioner made respondent the executive vice-president, secretary and a director of Westcott. She was authorized to sign checks and she did some accounting for the corporation. During the four-year marriage, the parties acquired various properties, including the marital home, and opened various joint bank accounts.

On September 16, 1981, petitioner filed a petition for dissolution of marriage. Two days later, on September 18, 1981, respondent filed a counterpetition for dissolution. The cases were consolidated on September 24, 1981. A trial of grounds was held on April 26, 1982, after which the court ordered a judgment of dissolution and set the matter for trial on the contested issues.

The trial began on April 26, 1982, and the court made its findings approximately 7V2 months later, on December 10, 1982. The fee petitions were heard at a later date.

At the outset of the dissolution proceedings, both parties obtained temporary restraining orders restraining each party from dissipating items of marital property. During the course of the trial, petitioner continued discovering assets which respondent allegedly was hiding. He accused her of violating the injunction and of dissipating assets. She accused him of doing the same.

During the proceedings, many of the marital properties went into foreclosure for failure to pay the mortgages. In addition, both petitioner and respondent were unemployed and receiving unemployment compensation.

On January 17, 1983, the trial court entered its written order containing the following valuation and distribution of property:

Nonmarital Property Petitioner Respondent

Mutual Fund $ 18,000.00

Municipal Bonds 15,000.00

Total 33,000.00 -0-

Marital Property

Marital Residence $131,650.00

Westcott Associates, Inc. -0-

Westcott profit sharing trust 28,000.00

Westcott pension trust 162,000.00

Unit No. 4328 at Marina City 47,698.38

Unit No. 4805 at Marina City $ 45,000.00

Units No. 1227-1229 at Lake Terrace 28,440.25

Unit No. 827 at Lake Terrace 5,860.33

Unit No. 429 at Lake Terrace 6,738.14

Unit No. 910 at Lake Terrace Unit No. 2706 at 535 N. 7,706.68

Michigan Avenue -0-

Westcott Bank Accounts 200.00

United of America Bank Account 415.82

Bank of Ravenswood Account 311.00

Dime Savings Bank of New York Account 1,067.00*

Scudder Mutual Funds -0-

Merrill Lynch Ready Asset -0-

Uptown Federal Savings & Loan C.D. 10,000.00

Stein, Roe & Farnham I.R.A. 3,500.00*

1982 Mercedes 6,800.00

Dissipation of assets _ 225,000.00

Total $410,587.10 $299,800.50

*The precise values of these asset were not stated by the court in its supplemental judgment, but were itemized by both parties in their briefs as the values stated.

Liabilities

Lease in Prudential

Building for Westcott offices $ 12,000.00

Harris Bank loan $ 17,738.90

Harris Bank overdraft _ 10,500.00

Total $ 12,000.00 $ 28,238.90

Net award $398,587.10** $271,561.60

**This value is actually lower than that stated because petitioner was responsible for all other joint marital debt, figures which the trial court did not specifically state.

In addition, the court ordered respondent to pay her own attorney fees as well as those of the petitioner and the guardian ad litem.

Respondent first contends that the trial court abused its discretion in apportioning the marital assets because it failed to follow the guidelines set forth in the Illinois Marriage and Dissolution of Marriage Act (the Act). (Ill. Rev. Stat. 1985, ch. 40, par. 503(d).) She alleges that the court, in dividing the marital property, considered its previous findings of marital misconduct against her, which the Act specifically proscribes a court from doing in its final disposition. We disagree.

Section 503(d) of the Act lists 11 factors which a court must consider in distributing assets (Ill. Rev. Stat. 1985, ch. 40, par. 503(d)), the most pertinent of which, for purposes of this appeal include:

“(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, ***;
(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, ***;
(5) any obligations and rights arising from a prior marriage of either party;
* * *
(7) the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties;

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Bluebook (online)
516 N.E.2d 566, 163 Ill. App. 3d 168, 114 Ill. Dec. 411, 1987 Ill. App. LEXIS 3493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-westcott-illappct-1987.