In re: the Marriage of Jensen
988 N.E.2d 1102
Ill. App. Ct.2013Background
- Elizabeth and Phillip Jensen dissolved their marriage; the trial court reserved maintenance and property issues for later decision.
- August 2011 hearing allocated assets, including a $327,950 IRA in Phillip’s name; Elizabeth received 50% of that IRA in a 2011 order.
- May 2012 order increased Elizabeth’s share of the IRA to 62% and found Phillip dissipated about $14,000 in marital assets.
- The March 2012 posttrial order reserved maintenance and did not set a specific maintenance amount due to Phillip’s financial condition.
- Phillip appealed challenging the property split and the dissipation finding; Elizabeth cross-asserted maintenance concerns, but the court’s order remained partially unresolved.
- Phillip filed a notice of appeal before the amended second-bifurcated-order was finalized, asserting error on finality grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is jurisdictionally proper. | Phillip contends the order is final and appealable. | Court reserved maintenance; jurisdiction lacking due to nonfinality. | Appeal dismissed for lack of jurisdiction. |
| Whether the court’s failure to resolve maintenance affects finality. | Maintenance reservation should not defeat finality for issues related to property. | Maintenance reservation is integral to the dissolution judgment and prevents finality. | Reservation of maintenance prevents finality; no jurisdiction to review merits. |
Key Cases Cited
- In re Leopando, 96 Ill.2d 114 (1983) (ancillary issues not final until resolved)
- Cannon, 112 Ill.2d 552 (1986) (maintenance reserved but judgment final for purposes of appeal)
- Lord, 125 Ill.App.3d 1 (1984) (maintenance reserved; finality depends on context)
- Bingham, 181 Ill.App.3d 966 (1989) (maintenance reserved; finality analyzed)
- Marriott, 264 Ill.App.3d 23 (1994) (short-term maintenance reservation distinguished)
- Mackin, 391 Ill.App.3d 518 (2009) (jurisdiction lacking where maintenance reserved for future review)
- Gutman, 232 Ill.2d 145 (2008) (finality principles for dissolution appeals)