In re Marriage of Winters

Illinois Appellate Court
Civil Court
Federal Preemption
Citation
Case Number: 
2026 IL App (5th) 250283
Decision Date: 
Tuesday, February 3, 2026
District: 
5th Dist.
Division/County: 
Marion Co.
Holding: 
Affirmed.
Justice: 
VAUGHAN

Petitioner appealed from a circuit court order modifying the judgment of dissolution and denying a petition for rule to show cause. The appellate court affirmed, finding that the initial judgment of dissolution improperly included a “VA waiver” that was in conflict with federal law which preempted the state court from distributing the respondent’s VA disability benefits in the manner that it did and the trial court did not err when it struck that paragraph from the initial judgment. (BOIE and HACKETT, concurring)