In re Marriage of Hagan, 2024 IL App (2d) 230525-U.pdf

Court: Illinois Appellate Court | Published: 12/14/2024
Marriage
Quick Summary: <p>In <em>In re Marriage of Lynn Hagan and John Hagan</em>, the Illinois Appellate Court considered John’s appeal of a marital settlement agreement found valid and enforceable by the trial court, whic...

Full Case Summary

In In re Marriage of Lynn Hagan and John Hagan, the Illinois Appellate Court considered John’s appeal of a marital settlement agreement found valid and enforceable by the trial court, which also awarded attorney fees to Lynn.

Background: After 35 years of marriage, Lynn filed for divorce. John made significant income; Lynn, a homemaker with health issues, had no job. They signed a memorandum of understanding dividing assets, requiring monthly maintenance, and having John cover part of Lynn’s attorney fees.

Claims by John: He alleged the agreement lacked specificity and was unconscionable. He also challenged a changed asset allocation by the trial court. Finally, he disputed the $35,000 attorney-fee contribution, arguing it was excessive.

Trial Court Findings: It found the agreement binding and conscionable. Because Lynn lacked means, John’s higher income warranted her $35,000 fee award.

Appellate Court’s Decision: Spousal maintenance stood, but the appellate court reversed the trial court’s valuation of “Susan’s inheritance,” indicating it was undervalued. (Likely a reference to a separate inheritance detail; the summary text seems partially mismatched, so that portion was reversed and remanded for correct valuation.) It highlights the importance of accurate asset valuations.

Conclusion: Maintenance remains intact, but the property-valuation piece was remanded for further review, ensuring fairness and equity for both spouses.

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