In re Marriage of Zisook

2025 IL App (1st) 221834-U
Appellate Court of Illinois·Decided March 26, 2025·No. 1-22-1834·Unpublished

Opinion

2025 IL App (1st) 221834-U SECOND DIVISION

March 26, 2025

No. 1-22-1834

NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).

IN THE

APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

In re MARRIAGE OF ALBERT ZISOOK, ) Appeal from the ) Circuit Court of

Petitioner-Appellant/Cross-Appellee, ) Cook County.

)

and ) 13 D 10585 )

NITZA ZISOOK, ) The Honorable ) Rosa Maria Silva,

Respondent-Appellee/Cross-Appellant. ) Judge Presiding.

JUSTICE HOWSE delivered the judgment of the court.

Presiding Justice Van Tine and Justice Ellis concurred in the judgment.

ORDER

¶1 Held: The judgment of the circuit court of Cook County is affirmed; the provision in the parties’ marital settlement agreement requiring petitioner to pay respondent 50% of all future deferred compensation arising from petitioner’s employment is unambiguous, and construing the agreement as a whole the provision is limited to deferred compensation that is marital property.

¶2 In 2013, petitioner, Albert Zisook, filed a petition for dissolution of marriage to respondent, Nitza Zisook. In 2015, the circuit court of Cook County entered a judgment of dissolution of marriage that incorporated the parties’ marital settlement agreement. On May 22, 2019, respondent filed a Verified Petition for Finding of Indirect Civil Contempt Regarding Petitioner’s Failure to Abide by the Judgment for Dissolution of Marriage and for Other Relief. On July 1, 2022, the trial court entered an order that petitioner pay respondent a portion of the amount respondent sought in the petition.

¶3 For the following reasons, we affirm.

¶4 BACKGROUND

¶5 We limit our summation of the facts to only those matters relevant to the issue in this appeal. As previously stated, on August 11, 2015, the trial court entered a judgment of dissolution of the parties’ marriage incorporating the parties’ marital settlement agreement (MSA). The MSA contains a provision concerning petitioner’s deferred compensation payments from petitioner’s former employer, Citadel, LLC. The relevant portion of the MSA reads as follows:

“Article III

Deferred Compensation Payment 3.1 The parties acknowledge that by way of his current position of employment, [petitioner] holds an interest in certain deferred compensation funds.

The parties further stipulate and acknowledge that all taxes due and owing on said deferred compensation funds have been paid in full. The net distributions to be hereafter received are as follows:

• June 2015 $183,812;

• June 2016 $244,785;

• June 2017 $182,427;

• June 2018 $164,678.

3.2 Each party shall be awarded one-half (1/2) of all of the aforestated distributions and any future deferred compensation distributions [petitioner]

receives as a result of his employment at Citadel, LLC. [Petitioner] shall remit to [respondent] her 50% share of each distribution within 7 days of receipt.

[Petitioner] shall also tender copies of any documents received in conjunction with his receipt of said distributions. Following said conveyance, each party shall be awarded their respective share of said deferred compensation distributions as their sole and exclusive property, free and clear of all claims by the other.”

¶6 On October 3, 2016, Citadel, LLC terminated petitioner. There is no dispute regarding the payments that were itemized in the judgment. The matter in dispute in this appeal is that, on February 2, 2018, January 11, 2019, and February 5, 2019, petitioner received payments from his former employer totaling $390,158. Those payments were part of petitioner’s deferred compensation. Petitioner claims that although the payments were deferred compensation payments, the deferred compensation in those payments was earned after the dissolution of the marriage and, therefore, was not marital property. Therefore, he was not required to pay respondent 50%.

¶7 Respondent claims the clear terms of the marital settlement agreement required petitioner to pay respondent 50% of all future deferred compensation from Citadel, regardless of whether it was marital property.

¶8 On May 22, 2019, respondent filed a petition for a finding of indirect civil contempt for failure to abide by the judgment. The petition alleged that petitioner failed to pay respondent “her equal (50/50) share of the deferred compensation payments received by [petitioner] received [sic] on February 2, 2018, January 11, 2019 and February 5, 2019.” The parties both filed motions for summary judgment. Following the trial court’s rulings on the parties’ summary judgment motions, the only issue remaining was whether petitioner complied with the requirement to remit to respondent one-half of “any future deferred compensation distributions

[petitioner] receives as a result of his employment” not specifically delineated in section 3.1 of the MSA. The matter proceeded to an evidentiary hearing.

¶9 At the evidentiary hearing the trial court heard testimony from Cheryl Timko, an employee of petitioner’s former employer, regarding the deferred compensation program; Reuben Bernick, respondent’s former attorney, regarding the meaning of certain provisions of the MSA; respondent; and petitioner.

¶ 10 Timko testified about the Citadel Employee Incentive Program, LLC, which is known as CEIF, LLC or CEIF. Petitioner’s participation in CEIF through his bonuses is petitioner’s deferred compensation. Under CEIF, employees who receive a bonus have their bonus granted, in part, in “long-term points” that are converted into a contribution to CEIF, LLC. These contributions vest three and one-half years from the date they are granted. Once vested, if the employee has been employed through the date when the points were granted, the employee receives a cash payment for the points. Timko testified regarding an exhibit showing petitioner’s points for 2015. The exhibit states that petitioner is “eligible to receive an award of Participation Points for the 2015 Service Year.” Timko testified that petitioner’s 2015 participation points would be granted March 1, 2016.

¶ 11 Bernick was the attorney who previously represented respondent. The trial court permitted Bernick to testify to his understanding of the meaning of provisions of the MSA including sections 3.1 and 3.2. The MSA contains separate provisions for maintenance (Article II) and deferred compensation (Article III). The payments listed in section 3.1 of the MSA are deferred compensation that petitioner received through participation in CEIF. The deferred compensation is paid out in the third year after it is awarded. Over objection, Bernick testified as to his understanding of the meaning of section 3.2 of the MSA. Bernick testified,

“[Petitioner] was employed at Citadel in 2015, therefore he was eligible for an award, an employee incentive award in 2016 for 2015. But because the parties were divorced in 2015 we did not know what the amount of the award that he would receive in 2016 would be, so we put in 3.2 to account for the fact that [respondent] should get half of that because it was during the marriage. But we didn’t know what the amount was, so we put in 3.2 so that the—so whatever he got from the award from 2016 which would be paid in 2019 she’d also have her share of that.” (Emphasis added.)

When asked if there were any limitations on respondent’s receipt of the deferred compensation payments in Article III Bernick testified, “No. This was property. This was not income, so she got her amount.” Later, Bernick explained, “Article III is a property provision. It’s not income anymore, it’s not maintenance. It is a vested right and therefore [respondent] was to get half of it the way she got half of the other marital assets.” (Emphasis added.)

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