In re Marriage of McLean

- Case citation and parties
In re Marriage of McLean, 2025 IL App (5th) 250094 (Ill. App. Ct., 5th Dist., Rule 23 order filed July 23, 2025; motion to publish granted Aug. 18, 2025). Petitioner-Appellee: Aaron C. McLean. Respondent-Appellant: Amy L. McLean (n/k/a Amy L. Varel). Appeal from St. Clair County (No. 22-DC-331).

- Key legal issues
1. Whether the trial court correctly calculated the marital and nonmarital portions of two of Aaron’s 401(k) accounts.
2. Whether the trial court’s allocation of parental responsibility/parenting time was against the manifest weight of the evidence or an abuse of discretion.

- Holding / outcome
The appellate court affirmed in part, vacated in part, and remanded with directions. It vacated the trial court’s division/calculation of the two 401(k) accounts and remanded for recalculation consistent with the opinion; it affirmed the court’s allocation of parental responsibility/parenting time (i.e., no reversible abuse of discretion or manifest-weight error).

- Significant legal reasoning (summary)
- Retirement accounts: The court stressed that trials dividing retirement must trace marital vs. nonmarital contributions and growth, apply the appropriate valuation date, and explain the calculation (coverture fraction or equivalent method). The appellate court found error in the trial court’s computation/assignment of marital and nonmarital portions for the two 401(k) plans — either because valuation or attribution of post‑separation/pre‑marital contributions, employer matches, rollovers, or gains were handled improperly or unsupported by the record — and therefore vacated that portion and remanded for a correct, documented calculation.
- Parental responsibility/parenting time: The court applied the well‑established deferential standard to the trial court’s findings (best‑interest analysis, credibility assessments, and weight given to evaluator/counselor reports). It concluded the allocation was supported by the evidence and not against the manifest weight or an abuse of discretion, even though there were contested facts about compliance with temporary orders, psychologist recommendations, school/counselor concerns, and incidents between the parties.

- Practice implications for family-law attorneys
- Retirement division: Build a complete evidentiary record for each retirement account (account statements, employer records, contribution histories, rollovers, dates of employment, valuation date agreements, expert/actuarial testimony or stipulations). Ask for explicit findings and calculation steps (coverture fraction, valuation date, treatment of earnings/rollovers) in the judgment to avoid remand.
- Parenting disputes: Preserve the record on the statutory best‑interest factors, evaluator recommendations, school/counselor testimony, and specific incidents affecting children. Recognize appellate deference to trial courts on credibility and parenting‑time allocations; focus on demonstrating a substantial change in circumstances or clear abuse of discretion if seeking modification on appeal.