Respondent appealed from a trial court order dividing the parties’ property in a dissolution of marriage matter, arguing that the trial court erred when it found that portions of respondent’s pension and work retirement savings plans were marital property notwithstanding the provisions of the parties’ premarital agreement and in awarding petitioner retroactive temporary maintenance even though the parties waived an award of maintenance in the premarital agreement. The appellate court affirmed, finding that the trial court did not err when it determined that a handwritten amount added to the premarital agreement was not sufficient to establish the premarital value of respondent’s retirement savings plan and that the clear and unambiguous language of the agreement did not contain a waiver of temporary maintenance and did not bar petitioner from receiving an award of temporary maintenance. (HOLDRIDGE and BERTANI, concurring)
Illinois Appellate Court
Civil Court
Dissolution of Marraige