Friday, December 5, 2008

maintenance and property division caselaw decisions

Divorce Illinois.
Here is an appeal of a divorce case decision. The court reviews the totality of the circumstances when awarding maintenance...income, assets, bonuses, retirements etc

In re: the Marriage of Walker, No. 4-07-0730 (November 26, 2008) Adams County (Myerscough) (COOK, special concurrence, TURNER, partial concurrence, partial dissent) Affirmed.
Trial court did not abuse its discretion when it awarded wife permanent maintenance after 26 year marriage with wife earning $37,000 and husband $204,000 by the court's calculation. Further, trial court was not required to believe husband's testimony that his 2006 bonus was extraordinary. In addition, trial court's award of property based on approximately 60/40 split, with the wife receiving mostly illiquid assets, is not error; and trial court had the authority to order the husband to maintain life insurance as security for his maintenance obligation.

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