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Cases of Interest: Illinois
© National Legal Research Group, Inc.

Agreements (full category)

ILLINOIS: In re Marriage of Gurda, ___ Ill. App. 3d ___, 711 N.E.2d 339 (1999).
The wife's signed consent to the designation of beneficiary for the husband's IRA did not exclude the IRA from the marital estate.
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ILLINOIS: In re Marriage of Lakin, ___ Ill. App. 3d ___, 662 N.E.2d 617 (1996).
The parties' oral property settlement was not enforceable when material features of the agreement were challenged by the parties before entry of the decree.
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ILLINOIS: In re Marriage of Dunlap, ___ Ill. App. 3d ___, 690 N.E.2d 1023 (1998).
Where parties in a dissolution action enter into a stipulation as to the value and division of some portion of the marital estate, the terms of the agreement are binding upon the trial court unless it finds the stipulation unconscionable.
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Appeal (full category)

ILLINOIS: In re Marriage of Young, 244 Ill. App. 3d 313, 614 N.E.2d 423 (1993).
Order awarding wife attorney's fees for husband's failure to comply with discovery orders was not a final and appealable order.
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Appreciation of Assets (full category)

ILLINOIS: In re Marriage of Raad, ___ Ill. App. 3d ___, 704 N.E.2d 964 (1998).
The increase in value during marriage of the premarital portion of the wife's individual retirement account must be classified as her nonmarital property.
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Attorneys Fees (full category)

ILLINOIS: Nottage v. Jeka, 172 Ill. 2d 386, 667 N.E.2d 91 (1996).
The Illinois statute that authorizes fee awards in domestic relations matters does not provide the sole means by which an attorney may recover a fee from a client in a domestic relations matter, to the exclusion of a common-law action for contract damages.
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NORTHERN DISTRICT OF ILLINOIS: In re Vernon, 192 B.R. 165 (Bankr. N.D. Ill. 1996).
Legal services rendered to a client in a divorce proceeding do not constitute "luxury services" so as to be presumptively protected from discharge under the Bankruptcy Code.
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ILLINOIS: In re Marriage of Auriemma, ___ Ill. App. 3d ___, 648 N.E.2d 118 (1994).
The trial court abused its discretion by refusing to award attorney's fees for litigation surrounding an illegal wiretap placed in the wife's home.
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ILLINOIS: In re Marriage of Kent, ___ Ill. App. 3d ___, 640 N.E.2d 973 (1994).
The trial court had jurisdiction to award the wife attorney's fees incurred when she intervened in the husband's bankruptcy proceeding to preserve her rights under the property settlement.
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ILLINOIS: In re Marriage of Powers, 252 Ill. App. 3d 506, 624 N.E.2d 390 (1993).
Statute that allows attorney's fee awards in dissolution cases permits an award for time spent drafting the petition for fees.
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ILLINOIS: In re Marriage of Young, 244 Ill. App. 3d 313, 614 N.E.2d 423 (1993).
Order awarding wife attorney's fees for husband's failure to comply with discovery orders was not a final and appealable order.
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ILLINOIS: In re Marriage of Steinberg, 302 Ill. App. 3d 845, 706 N.E.2d 895 (1999).
The wife would not be required to return a contingent fee that the husband had divided with her pursuant to their property settlement agreement even though the provision for sharing the fee was against public policy.
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ILLINOIS: In re Marriage of Davis, ___ Ill. App. 3d ___, 686 N.E.2d 395 (1997).
The wife was properly awarded attorney's fees that she incurred while defending a creditor's lawsuit which arose from the nonpayment of a debt assigned to the husband in the parties' dissolution proceedings.
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ILLINOIS: In re Marriage of Charles, ___ Ill. App. 3d ___, 672 N.E.2d 57 (1996).
The trial court erred by ordering that marital assets be used to pay the husband's attorney's fees, because this order improperly required the wife to contribute to the husband's attorney's fees even though he was able to pay those fees himself.
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Bankruptcy (full category)

NORTHERN DISTRICT OF ILLINOIS: In re Vernon, 192 B.R. 165 (Bankr. N.D. Ill. 1996).
Legal services rendered to a client in a divorce proceeding do not constitute "luxury services" so as to be presumptively protected from discharge under the Bankruptcy Code.
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ILLINOIS: In re Marriage of Kent, ___ Ill. App. 3d ___, 640 N.E.2d 973 (1994).
The trial court had jurisdiction to award the wife attorney's fees incurred when she intervened in the husband's bankruptcy proceeding to preserve her rights under the property settlement.
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Child Support (full category)

ILLINOIS: In re Marriage of Letsinger, No. 94-D-1297 (IL. App. Ct. May 7, 2001).
In this case, the husband filed a bankruptcy petition and was discharged of the marital debts allocated to him in the judgment of dissolution.
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Classification of Assets (full category)

ILLINOIS: In re Marriage of Gurda, ___ Ill. App. 3d ___, 711 N.E.2d 339 (1999).
The wife's signed consent to the designation of beneficiary for the husband's IRA did not exclude the IRA from the marital estate.
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ILLINOIS: In re Marriage of Heinze, ___ Ill. App. 3d ___, 631 N.E.2d 728 (1994).
Future royalties from four books authored by the wife during the marriage were marital property, but the husband should be allocated only 25% of the net royalty payments in view of the wife's continuing efforts to generate sales.
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ILLINOIS: In re Marriage of Lee, 246 Ill. App. 3d 628, 615 N.E.2d 1314 (1993).
Accounts receivable were properly included in the valuation of the husband's medical practice.

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ILLINOIS: In re Marriage of Hall, ___ Ill. App. 3d ___, 663 N.E.2d 430 (1996).
The husband's workers' compensation award was marital property, and granting the wife one-half of the award was not an abuse of discretion.
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ILLINOIS: In re Marriage of Morris, ___ Ill. App. 3d ___, 640 N.E.2d 344 (1994).
Where the husband purchased a winning lottery ticket long after the parties separated but while they were still married, the trial court erred by refusing to award the wife any portion of the husband's lottery winnings on the theory that there was no shared enterprise.
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Closely Held Businesses (full category)

ILLINOIS: Blackstone v. Blackstone, ___ Ill. App. 3d ___, 681 N.E.2d 72 (1997).
Remand was required for valuation of the parties' interest in three closely held corporations, where the wife did not present any expert testimony on their value and the trial court rejected the testimony of the husband's expert.
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Closely Held Corporations (full category)

ILLINOIS: In re Marriage of Talty, 252 Ill. App. 3d 80, 623 N.E.2d 1041 (1993).
The trial court correctly included good will when valuing the husband's car dealership because, unlike a professional business where good will follows the individual professional, the dealership was an ongoing concern and the good will stayed with the business.
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Criminal Offenses (full category)

ILLINOIS: In re Marriage of Auriemma, ___ Ill. App. 3d ___, 648 N.E.2d 118 (1994).
The trial court abused its discretion by refusing to award attorney's fees for litigation surrounding an illegal wiretap placed in the wife's home.
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Debts (full category)

ILLINOIS: In re Marriage of Drury, 317 Ill. App. 3d 201, 740 N.E.2d 365 (2000).
The court was within its discretion when it allocated to the wife the responsibility for a third mortgage on the marital home and the debt of one credit card.
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ILLINOIS: In re Marriage of Dunseth, ___ Ill. App. 3d ___, 633 N.E.2d 82 (1994).
The trial court erred by ordering that the wife should not be responsible for any part of the parties' staggering debt.
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ILLINOIS: In re Marriage of Heinze, ___ Ill. App. 3d ___, 631 N.E.2d 728 (1994).
The parties' marital estate included the amount of funds which the husband withdrew during separation and transferred to his mother as repayment of a supposed loan.
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Discovery (full category)

ILLINOIS: In re Marriage of Bonneau, ___ Ill. App. 3d ___, 691 N.E.2d 123 (1998).
A state statute shielded the husband from being required in the parties' equitable distribution proceedings to produce records relating to his possible testing for or infection with HIV.
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Dissipation of Assets (full category)

ILLINOIS: In re Marriage of Carter, 317 Ill. App. 3d 546, 740 N.E.2d 82 (2000).
The circuit court was incorrect in not considering the husband's dissipation of marital assets when it equitably distributed the couple's marital property in equal proportions. In this case, the couple married in 1973.
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ILLINOIS: In re Marriage of Bennett, ___ Ill. App. 3d ___, 713 N.E.2d 1278 (1999).
The trial court did not abuse its discretion in finding that money spent by the husband on the children's education and medical expenses came from nonmarital assets and was therefore not a dissipation of assets.
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ILLINOIS: In re Marriage of Gurda, ___ Ill. App. 3d ___, 711 N.E.2d 339 (1999).
The husband's secret investment of marital funds in an offshore corporation that subsequently went bankrupt constituted a dissipation of marital assets.
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ILLINOIS: In re Marriage of Charles, ___ Ill. App. 3d ___, 672 N.E.2d 57 (1996).
The trial court erred by failing to address the question of dissipation of assets, where the record indicated that the husband spent large sums on his mistress and living expenses, liquidated investment assets, and failed to satisfy tax debts.
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ILLINOIS: In re Marriage of Heinze, ___ Ill. App. 3d ___, 631 N.E.2d 728 (1994).
The parties' marital estate included the amount of funds which the husband withdrew during separation and transferred to his mother as repayment of a supposed loan.
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Division of Property (full category)

ILLINOIS: In re Marriage of Dunseth, ___ Ill. App. 3d ___, 633 N.E.2d 82 (1994).
The trial court erred by ordering that the wife should not be responsible for any part of the parties' staggering debt.
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ILLINOIS: In re Marriage of Murphy, ___ Ill. App. 3d ___, 631 N.E.2d 893 (1994).
The trial court did not abuse its discretion by awarding the wife only $220,000 from the husband's $1.8 million personal injury settlement.
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ILLINOIS: In re Marriage of Heinze, ___ Ill. App. 3d ___, 631 N.E.2d 728 (1994).
Future royalties from four books authored by the wife during the marriage were marital property, but the husband should be allocated only 25% of the net royalty payments in view of the wife's continuing efforts to generate sales.
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ILLINOIS: In re Marriage of Jarvis, ___ Ill. App. 3d ___, 614 N.E.2d 1294 (1993).
Award to wife of greater share of marital estate adequately compensated her for award of income-producing assets to husband.
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ILLINOIS: In re Marriage of Hall, ___ Ill. App. 3d ___, 663 N.E.2d 430 (1996).
The husband's workers' compensation award was marital property, and granting the wife one-half of the award was not an abuse of discretion.
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ILLINOIS: In re Marriage of Schweihs, ___ Ill. App. 3d ___, 650 N.E.2d 569 (1995).
Where the parties' dissolution case presented extraordinary circumstances in that the husband's interest in pending litigation was the only marital asset available for child support, the trial court did not abuse its discretion by ordering a sale of the litigation interest.
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ILLINOIS: In re Marriage of Morris, ___ Ill. App. 3d ___, 640 N.E.2d 344 (1994).
Where the husband purchased a winning lottery ticket long after the parties separated but while they were still married, the trial court erred by refusing to award the wife any portion of the husband's lottery winnings on the theory that there was no shared enterprise.
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Estoppel (full category)

ILLINOIS: Bidani v. Lewis, ___ Ill. App. 3d ___, 675 N.E.2d 647 (1996).
The doctrine of judicial estoppel barred the husband from claiming an interest in business entities contrary to his statements in earlier divorce proceedings, despite his stated intention to share any recovery with his former wife.
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Gifts (full category)

ILLINOIS: In re Marriage of Gattone, 317 Ill. App. 3d 346, 739 N.E.2d 998 (2000).
The husband failed to rebut the presumption that he intended to make a gift of marital property, including the marital residence, to the wife. Here, the couple met in 1994 and married in 1995. The husband filed a petition for dissolution in June 1998, and the wife filed her own petition for dissolution in July 1998.
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ILLINOIS: In re Marriage of Johns, ___ Ill. App. 3d ___, 724 N.E.2d 1045 (2000).
Real property owned by the wife prior to the marriage were gifts of the marital estate.
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Goodwill (full category)

ILLINOIS: In re Marriage of Talty, 252 Ill. App. 3d 80, 623 N.E.2d 1041 (1993).
The trial court correctly included good will when valuing the husband's car dealership because, unlike a professional business where good will follows the individual professional, the dealership was an ongoing concern and the good will stayed with the business.
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Injunctions (full category)

ILLINOIS: Messenger v. Edgar, 157 Ill. 2d 162, 623 N.E.2d 310 (1993).
Statute that provided for an automatic stay restraining parties to dissolution proceedings from disposing of nonmarital assets violated substantive due process.
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Interest (full category)

ILLINOIS: In re Marriage of Blinderman, ___ Ill. App. 3d ___, 669 N.E.2d 687 (1996).
The trial court's award of prejudgment interest was improper, where the award was not authorized by statute or by the parties' agreement, and where the court set forth no equitable considerations justifying the award.
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Joint Titling (full category)

ILLINOIS: In re Marriage of Smith, ___ Ill. App. 3d ___, 638 N.E.2d 384 (1994).
The husband's self-serving testimony that he transferred his premarital stock into joint title only for convenience and not to make a gift did not overcome the presumption that property held in joint tenancy is marital property.
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Marital Home (full category)

ILLINOIS: In re Marriage of Carter, 317 Ill. App. 3d 546, 740 N.E.2d 82 (2000).
The circuit court was incorrect in not considering the husband's dissipation of marital assets when it equitably distributed the couple's marital property in equal proportions. In this case, the couple married in 1973.
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ILLINOIS: In re Marriage of Frey, ___ Ill. App. 3d ___, 630 N.E.2d 466 (1994).
Lists which parties drew up during separation did not constitute valid, binding settlement agreement.
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ILLINOIS: In re Marriage of Meadow, ___ Ill. App. 3d ___, 628 N.E.2d 702 (1993).
The home which husband had deeded to wife during parties' separation in exchange for her transfer to him of her interest in other real property was her nonmarital property.
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Paternity (full category)

ILLINOIS: In re Parentage of M.J. & N.J., No. 1-00-0590 (Ill. App. Ct. Oct. 29, 2001) .
The complaint sought to establish the paternity and child support obligations for twin boys that the plaintiff conceived through artificial insemination. The defendant was not married to the plaintiff and he was not the semen donor.
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Pensions (full category)

ILLINOIS: In re Marriage of Wisniewski, ___ Ill. App. 3d ___, 675 N.E.2d 1362 (1997).
The trial court did not abuse its discretion by using the husband's salary at the time of his retirement in 1994 to determine the marital share of his pension, despite his claim that this approach improperly allowed the wife to share in the increase in value of his pension after the parties' 1981 divorce.
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Personal Injury Awards (full category)

ILLINOIS: In re Marriage of Murphy, ___ Ill. App. 3d ___, 631 N.E.2d 893 (1994).
The trial court did not abuse its discretion by awarding the wife only $220,000 from the husband's $1.8 million personal injury settlement.
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Premarital Property (full category)

ILLINOIS: In re Marriage of Smith, ___ Ill. App. 3d ___, 638 N.E.2d 384 (1994).
The husband's self-serving testimony that he transferred his premarital stock into joint title only for convenience and not to make a gift did not overcome the presumption that property held in joint tenancy is marital property.
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Professional Practices (full category)

ILLINOIS: In re Marriage of Claydon, ___ Ill. App. 3d ___, 715 N.E.2d 1201 (1999).
The husband's shares in an oral surgery practice should be valued at a price reflecting the hard assets of the practice rather than their value upon the husband's retirement, death, or disability.
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ILLINOIS: In re Marriage of Lee, 246 Ill. App. 3d 628, 615 N.E.2d 1314 (1993).
Accounts receivable were properly included in the valuation of the husband's medical practice.
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Separation (full category)

ILLINOIS: In re Marriage of Morris, ___ Ill. App. 3d ___, 640 N.E.2d 344 (1994).
Where the husband purchased a winning lottery ticket long after the parties separated but while they were still married, the trial court erred by refusing to award the wife any portion of the husband's lottery winnings on the theory that there was no shared enterprise.
Read More About This Case

ILLINOIS: In re Marriage of Frey, ___ Ill. App. 3d ___, 630 N.E.2d 466 (1994).
Lists which parties drew up during separation did not constitute valid, binding settlement agreement.
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ILLINOIS: In re Marriage of Meadow, ___ Ill. App. 3d ___, 628 N.E.2d 702 (1993).
The home which husband had deeded to wife during parties' separation in exchange for her transfer to him of her interest in other real property was her nonmarital property.
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Stock Options (full category)

ILLINOIS: In re Marriage of Isaacs, ___ Ill. App. 3d ___, 632 N.E.2d 228 (1994).
A stock option granted to the wife was marital property because it was meant to compensate her for the diminution of the value of stock that was marital property.
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Third Parties (full category)

ILLINOIS: In re Marriage of Heinze, ___ Ill. App. 3d ___, 631 N.E.2d 728 (1994).
The parties' marital estate included the amount of funds which the husband withdrew during separation and transferred to his mother as repayment of a supposed loan.
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ILLINOIS: Wood v. Wood, ___ Ill. App. 3d ___, 672 N.E.2d 385 (1996).
As titleholder of the marital home, the husband had the right to transfer it to his parents before or during the marriage, whatever his motives, but his parents were bound by an order of protection granting the wife exclusive possession of the home.
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Transmutation of Property (full category)

ILLINOIS: In re Marriage of Smith, ___ Ill. App. 3d ___, 638 N.E.2d 384 (1994).
The husband's self-serving testimony that he transferred his premarital stock into joint title only for convenience and not to make a gift did not overcome the presumption that property held in joint tenancy is marital property.
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Valuation of Property (full category)

ILLINOIS: In re Marriage of Claydon, ___ Ill. App. 3d ___, 715 N.E.2d 1201 (1999).
The husband's shares in an oral surgery practice should be valued at a price reflecting the hard assets of the practice rather than their value upon the husband's retirement, death, or disability.
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ILLINOIS: In re Marriage of Talty, 252 Ill. App. 3d 80, 623 N.E.2d 1041 (1993).
The trial court correctly included good will when valuing the husband's car dealership because, unlike a professional business where good will follows the individual professional, the dealership was an ongoing concern and the good will stayed with the business.
Read More About This Case

ILLINOIS: Blackstone v. Blackstone, ___ Ill. App. 3d ___, 681 N.E.2d 72 (1997).
Remand was required for valuation of the parties' interest in three closely held corporations, where the wife did not present any expert testimony on their value and the trial court rejected the testimony of the husband's expert.
Read More About This Case

Wiretapping (full category)

ILLINOIS: In re Marriage of Auriemma, ___ Ill. App. 3d ___, 648 N.E.2d 118 (1994).
The trial court abused its discretion by refusing to award attorney's fees for litigation surrounding an illegal wiretap placed in the wife's home.
Read More About This Case

Worker's Compensation (full category)

ILLINOIS: In re Marriage of Hall, ___ Ill. App. 3d ___, 663 N.E.2d 430 (1996).
The husband's workers' compensation award was marital property, and granting the wife one-half of the award was not an abuse of discretion.
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ILLINOIS: In re Marriage of Waggoner, ___ Ill. App. 3d ___, 634 N.E.2d 1198 (1994).
The "analytical" approach should be applied rather than the "mechanical" approach when classifying workers' compensation awards for permanent disability.
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