In re Marriage of Coviello

Illinois Appellate Court
Civil Court
Dissolution of Marriage
Citation
Case Number: 
2016 IL App (1st) 141652
Decision Date: 
Thursday, October 27, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
ELLIS

Court did not abuse its discretion in not awarding wife the survivor benefit of husband's military retirement plan. Court discussed several factors it considered in making equitable distribution between the parties, who had been married 10 years. As survivor benefit was not divisible, court considered that husband wanted the option to name a future wife as beneficiary of survivor benefit, which he would be unable to do if it were awarded to wife. Premiums for survivor benefit come out of pension payments, 75% of which belong to husband. Court awarded wife her insurance on husband's life, at husband's expense, to compensate for lack of survivor benefit. (HOWSE and COBBS, concurring.)