Breaking Down Recent Changes in Divorce Law: Impacts on Property Allocation

Dividing property, assets, and debts is often one of the most complicated components of a divorce case. Attorneys frequently must classify property as either marital (subject to division) or non-marital (not subject to division), figure out how to appropriately value marital property and debts, and make proposals and arguments to the judge on the best way to equitably divide the marital property and debt and set off the nonmarital property and debt.

In this post, we'll take you through some of the recent developments in case law as it relates to allocation of property, assets, and debts during divorce proceedings, and how these developments could impact your divorce settlement.

In re Marriage of Chamberlain

The first case we address, In re Marriage of Chamberlain, deals with the interplay of postnuptial agreements and property allocation. The main take away here is that when a postnuptial agreement is set aside, the court will determine equitable allocation of marital property based on the totality of the circumstances, including the fact that the postnuptial agreement was unconscionable.

This case involved a couple who had been married for nearly 40 years but divorced in 2023. The trial court ruled that the postnuptial agreement was procedurally and substantively unconscionable because when Husband executed the documents, he was not likely cognitively capable of doing so and was under duress. After setting aside the postnuptial agreement and quitclaim deed, the trial court awarded Husband 50% of the value of the marital residence and 50% of the cash payout on the mortgage Wife took out on the residence.

In re Marriage of Meyer-Fiedler and Fiedler

This case underscores the importance of competent, experienced attorneys who are familiar with procedural requirements to advance your case. The Illinois appellate court addressed a contentious dissolution of marriage between the parties, which involved multiple legal motions and a finding of contempt against the wife for failing to comply with court orders related to financial disclosures.

In re Marriage of Reed

In this divorce case, the trial court made several rulings regarding the division of assets and maintenance. On appeal, the appellate court affirmed much of the trial court's decision, but reversed and remanded in a few key areas. It found the trial court erred in its handling of the dissipation claim, remanding for the inclusion of dissipated funds from the separation date.

In re Marriage of Robbins

The main issues in this case were 1) whether the Husband's IRA was a marital asset subject to division, and 2) whether the Wife's claim for dissipation could proceed. The appellate court reversed and remanded both issues. Pertaining to the classification of Husband's IRA, the appellate court held that Husband established by clear and convincing evidence that the IRA was non-marital.

Conclusion

If you have questions about property allocation in divorce proceedings, please contact O. Long Law, LLC today to speak with one of our knowledgeable, experienced divorce attorneys.