In re Marriage of Rivera
67 N.E.3d 315
Ill. App. Ct.2016Background
- Petitioner Rivera was convicted of murder in 1993 and imprisoned until his conviction was reversed in 2011.
- Rivera and respondent Sanders-Rivera married on October 31, 2000, during Rivera’s incarceration.
- Rivera settled a federal civil-rights lawsuit in 2015 for $20 million; he is to receive about $11.36 million, plus COI funds.
- Respondent sought a declaratory judgment that the settlement proceeds are marital property; petitioner sought classification as nonmarital.
- Trial court granted partial summary judgment that settlement proceeds are nonmarital; respondent appealed and the court certified a question under Rule 308.
- Question: whether settlement proceeds from a wrongful-conviction action are marital property when the coercion occurred before marriage and the conviction was reversed during marriage.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the settlement proceeds are marital property | Sanders-Rivera: accrual during marriage; defamation count included; proceeds should be marital | Rivera: accrual precedes marriage; settlement proceeds for torts before marriage are nonmarital | Yes; proceeds are marital property |
| Whether accrual timing governs classifcation of the action as marital or nonmarital | Accrual occurred during marriage due to reversal in 2011; thus marital | Injury before marriage; accrual timing should be when injury occurred | Accrual during marriage controls; marital |
| Role of the defamation claim in the settlement’s characterization | Defamation claim did not factor into the negotiated settlement amount | Settlement documents show release of all claims including defamation | Not dispositive; overall accrual governs |
Key Cases Cited
- In re Marriage of DeRossett, 173 Ill. 2d 416 (1996) (accrual during marriage makes workers' comp award marital property)
- In re Marriage of Drone, 217 Ill. App. 3d 758 (1991) (accrual time determines marital vs nonmarital character for workers’ compensation claim)
- In re Marriage of Burt, 144 Ill. App. 3d 177 (1986) (personal-injury claim accruing during pendency may be marital)
- In re Marriage of Centioli, 335 Ill. App. 3d 650 (2002) (beneficiary interests and expectancy concepts; precludes certain protections under 503)
- In re Marriage of DeRossett, 173 Ill. 2d 416 (1996) (section 503(a) exclusive list; accrual timing governs marital classification)
- Heck v. Humphrey, 512 U.S. 477 (1994) (§1983 claims accrue only after conviction reversed or invalidated)
- Ferguson v. City of Chicago, 213 Ill. 2d 94 (2004) (limitations accrual in malicious-prosecution-like claims; termination matters)
- Drone, 217 Ill. App. 3d 758 (1991) (accrual timing determines marital property characterization)
- Thomas, 89 Ill. App. 3d 81 (1980) ( accrual timing as governing principle)
- St. Paul Fire & Marine Insurance Co. v. City of Zion, 2014 IL App (2d) 131312 (2014) (policy-based approach; accrual concepts inform tort coverage discussions)