In re Marriage of Wheelock

- Case citation and parties
In re Marriage of Wheelock, 2024 IL App (2d) 230459‑U (Ill. App. Ct. 2d Dist. June 25, 2024) (Rule 23 order). Petitioner‑Appellee: Moira L. Wheelock. Respondent‑Appellant: David P. Wheelock.

- Key legal issues
Whether the appellate court has jurisdiction to hear an appeal from a post‑dissolution order directing entry of an amended qualified Illinois domestic relations order (QILDRO) where the QILDRO had not yet been entered; i.e., whether the trial court’s July 6, 2023 order was a final, appealable judgment under Illinois Supreme Court Rule 303.

- Holding/outcome
Appeal dismissed for lack of jurisdiction. The majority held the trial court’s order was nonfinal because it expressly called for entry of an amended QILDRO that had not yet been filed. Justice Hutchinson dissented (would have found the order final).

- Significant legal reasoning
The court relied on Rule 303’s final‑order requirement and Illinois authority (In re Marriage of Petraitis) holding that when a QDRO/QILDRO has not been entered, distribution of pension assets remains unresolved and the trial court retains jurisdiction. Because nothing had been filed implementing the July 6 directive (the amended QILDRO), the judgment did not dispose of the parties’ rights as to that separate part of the controversy and the notice of appeal was premature. The majority distinguished dicta in In re Marriage of Platt and rejected the dissent’s view that QILDRO entry is merely ministerial and does not affect finality. The opinion notes procedural alternatives — once the amended QILDRO is entered, a timely appeal may be filed; or, if necessary, a party may move to preserve the present notice by petitioning for rehearing and supplementing the record (citing In re Marriage of Knoerr).

- Practice implications (concise)
- Do not appeal until the QILDRO/QDRO called for by the decree has been entered; absence of a QILDRO can render an appeal premature.
- Promptly seek entry of the QILDRO or an express final adjudication resolving pension rights to create appellate jurisdiction.
- If a party files a notice of appeal before the QILDRO is entered, preserve alternatives (petition for rehearing/supplement record under Rule 303 procedures) to relate the notice to the later‑filed implementing order.
- Because this is a Rule 23 nonprecedential disposition, weigh its persuasive value against conflicting authority (including the dissent’s reliance on Wilson (Ohio) and arguments treating QILDROs as ministerial).