Publications

Claxton v. Reeves

Illinois Appellate Court
Civil Court
Dissolution of Marriage
Citation
Case Number: 
2019 IL App (5th) 170200
Decision Date: 
Monday, June 17, 2019
District: 
5th Dist.
Division/County: 
Madison Co.
Holding: 
Reversed.
Justice: 
WELCH

Wife filed petition for dissolution fo marriage, and husband filed an answer and counterpetition, and declaratory judgment action seeking declaration that antenuptial agreement was valid and binding. At conclusion of trial, husband's counsel requested court to enter judgment of dissolution, to which wife objected. Court found that based upon husband's serious medical condition, appropriate circumstances existed to warrant a bifurcated judgment, and entered a judgment of dissolution, reserving ruling on disposition of property.  Five weeks later, husband died. Given lack of actual evidence as to husband's health and the fact that bifurcated judgment of dissolution denied wife survivor benefits from his pension, appropriate circumstances did not exist for entering a bifurcated judgment of dissolution.(CHAPMAN and BARBERIS, concurring.)