In re Marriage of Wendt
995 N.E.2d 439
Ill. App. Ct.2013Background
- Scott and Alison Wendt filed for dissolution in 2010; cases consolidated; Scott is a software developer, Alison a part-time teacher, they have a daughter born 2009.
- Discretionary nature of Citadel bonuses: 2012 bonus would be issued in February 2013 and is based on employer discretion, not a contractual right.
- Alison claimed the portion of the 2012 bonus accruing during marriage was marital property; Scott argued it was nonmarital as an expectancy.
- Trial court found the 2012 bonus, if issued, to be nonmarital because there was no contractual right and the bonus was discretionary.
- Judgment incorporated a provision for child support and deferred compensation; court subsequently held the 2012 bonus nonmarital again on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2012 bonus is marital property. | Alison argues the portion accruing during the marriage is marital property. | Scott argues the bonus is discretionary and not a contractual right, hence nonmarital. | Bonus nonmarital; no contractual right, discretionary by employer. |
Key Cases Cited
- In re Marriage of Lundahl, 396 Ill. App. 3d 495 (2009) (review of asset classification when facts are undisputed)
- Abrell v. Abrell, 236 Ill. 2d 249 (2010) (vacation/sick days not marital property; speculative value matters)
- In re Marriage of Peters, 326 Ill. App. 3d 364 (2001) (stock bonus may be marital where earned during marriage and potential to receive exists)
- In re Marriage of Hunt, 78 Ill. App. 3d 653 (1979) (pension rights can be marital if contractual right exists; discussion of Brown analogue)
- Brown v. Brown, 544 P.2d 561 (Cal. 1976) (nonvested pension rights can be property if contractual right; Brown cited by appellate)