In re Marriage of McLean, 2025 IL App (5th) 250094
Retirement Division Requires Proper Marital Contribution Tracing
The Illinois Appellate Court affirmed parental responsibility allocations but vacated retirement account divisions due to improper calculations. Courts must properly trace marital versus nonmarital contributions using coverture fractions or equivalent methods. Attorneys must build complete evidentiary records for retirement account divisions.
Facts
Aaron and Amy McLean divorced in St. Clair County, with disputes over Aaron's 401(k) accounts and parental responsibility allocation. The trial court divided the retirement accounts and allocated parenting time, but Amy appealed both determinations.
Issue
Whether the trial court properly calculated marital versus nonmarital portions of retirement accounts and whether the parental responsibility allocation was appropriate.
Holding
The appellate court vacated the retirement account division due to improper calculation of marital and nonmarital portions, requiring recalculation with proper documentation. The parental responsibility allocation was affirmed as supported by evidence and within the trial court's discretion.
Key Reasoning
- Courts must trace marital versus nonmarital contributions in retirement accounts using coverture fractions or equivalent methods with proper documentation
- Trial court's calculation was unsupported by the record regarding post-separation contributions, employer matches, and rollovers
- Parental responsibility allocations receive deferential review based on best interest factors and credibility assessments
- Evidence supported the trial court's parenting time allocation despite contested facts about compliance and incidents
Practical Impact
For Petitioners
Build comprehensive evidentiary records for retirement accounts including contribution histories, employment dates, and expert testimony to avoid remand
For Respondents
Challenge incomplete retirement account calculations and rely on appellate deference for parenting time allocations when trial court properly considered evidence
When This Applies
Applies when retirement accounts have mixed marital and nonmarital contributions; limited application to cases with simple, fully marital accounts
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