In re Marriage of Folley

Illinois Appellate Court
Civil Court
Maintenance
Citation
Case Number: 
2021 IL App (3d) 180427
Decision Date: 
Wednesday, May 19, 2021
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Vacated and remanded.
Justice: 
DAUGHERITY

Dissolution proceeding for parties who were married for 28 years and had 9 children. Under Marital Settlement Agreement (MSA), husband was obligated to pay wife permanent maintenance of $20,000 per month. Five years later, husband was forced to retire early, and filed petition to terminate or modify maintenance and terminate or reduce his obligation to maintain $3.33 million worth of life insurance for wife's benefit. Court found that early retirement was a substantial change in circumstances and reduced maintenance to zero until further order of court and reduced obligation to maintain life insurance for wife to $500,000. Husband had the ability to pay wife at least some portion of permanent maintenance where his assets were worth about $12 million. Court's finding that he did not have a present ability to pay maintenance was against manifest weight of evidence. Court's failure to set a reasonable and certain time for reviewing maintenance was abuse of discretion. Remanded for court to reexamine its modification of maintenance obligation and its reduction of insurance obligation. (McDADE and LYTTON, concurring.)