Civil - Dissolution Of Marriage/ Maintenance / Property Division 4th Dist.
In re Marriage of Abrell, No. 4-06-0974 (November 19, 2008) Sangamon County (Knecht) (MYERSCOUGH, partial concurrence, partial dissent) Affirmed in part, reversed in part, remanded.
Trial court erred when it concluded that accumulated sick and vacation days by husband, a State employee, are marital property subject to division in the dissolution of the parties' marriage. However, the trial court did not abuse its discretion when it denied husband's motion to reconsider its award of maintenance. Although trial court concluded that wife was essentially, unemployable in its memorandum of opinion, fact that she obtained full time employment, after proofs had closed in case but before judgment was entered, is not newly discovered evidence. The trial court, instead, properly considered the motion to reconsider as a motion to modify. However, it should have reduced the maintenance award based on the wife's newly acquired employment as of the date of filing the motion; although it was not required to reduce the maintenance by more than the $250 per month set by the court.
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