Question on appeal was whether waiver language in a marital settlement agreement indicating each party was surrendering all rights against the other’s property and assets encompassed the former wife’s right to receive proceeds from a federal civil rights judgment that was entered during the marriage. The circuit court found that the former wife waived her right to receive any proceeds from the federal action. The appellate court reversed, finding that the former wife’s payment expectation was not a right she had because of the marital relationship and that she did not relinquish any of her rights to her own property or assets when she broadly relinquished all her rights against her former husband’s property and assets. (GORDON and BURKE, concurring)
Illinois Appellate Court
Civil Court
Illinois Marriage and Dissolution of Marriage Act