In re Marriage of Micheli, 2024 IL App (2d) 230273-U

Case Summary: In re Marriage of Micheli

Court: Appellate Court of Illinois, Second District
Case Number: 2024 IL App (2d) 230273-U
Date Filed: August 9, 2024
Parties: Ellen Micheli (Petitioner-Appellant) vs. John Micheli (Respondent-Appellee)
Original Trial Court Case Number: 09-D-1256

#### Background:
This case involves ongoing litigation regarding maintenance payments following the dissolution of the marriage between Ellen and John Micheli. The dissolution judgment was entered in 2012, initially awarding Ellen $3,700 per month for seven years, along with 20% of any bonuses John received. Since then, the parties have gone through multiple appeals concerning the nature and amount of maintenance.

#### Procedural History:
- The trial court's original maintenance order was affirmed, but subsequent appeals addressed issues related to the modification and review of that maintenance.
- Ellen filed for an extension of maintenance in 2019, arguing that her financial situation and health considerations justified the need for continued support.
- The trial court ultimately ruled that Ellen had reached financial independence and terminated her maintenance.

#### Current Appeal:
Ellen appealed the trial court's decision to terminate her maintenance, arguing that:
1. The trial court improperly limited the scope of review and did not reopen discovery as it should have.
2. The decision to terminate her maintenance was erroneous given her financial circumstances and health issues.

#### Court's Findings:
1. Discovery Request: The appellate court concluded that the trial court did not err in denying Ellen's discovery request because the mandate from a prior appeal did not allow for new evidence; it only called for a review based on existing evidence.

2. Termination of Maintenance: The appellate court determined that the trial court abused its discretion in terminating Ellen's maintenance. It found that:
- The trial court's conclusion about Ellen's financial independence was against the manifest weight of the evidence.
- Despite her efforts to rehabilitate and gain employment, Ellen still faced financial challenges, including a monthly deficit and significant health concerns impacting her ability to work.
- The court did not properly consider John's current financial circumstances and capabilities in relation to maintenance.

#### Conclusion:
The appellate court reversed the trial court's decision to terminate Ellen's maintenance and granted her petition for extension, setting her monthly maintenance at $4,462. This maintenance obligation will continue until she can access her retirement benefits in December 2028. The court's ruling affirms the importance of evaluating both parties' financial situations and ensuring that the spouse seeking maintenance does not need to deplete assets to maintain a standard of living consistent with that enjoyed during the marriage.

Final Order:

Ellen's maintenance is extended to $4,462 monthly until she is eligible for retirement benefits on December 21, 2028. The trial court's judgment is affirmed in part and reversed in part.