In re Marriage of Morton

Full Case Summary

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Case Summary: 2025 IL App (1st) 240777-U

Duane Morton (Petitioner-Appellee) vs. Berretdus T. Morton (Respondent-Appellant)

Appellate Court of Illinois, First District

January 24, 2025

The Honorable Ericka Orr

Duane and Berretdus Morton divorced in 2007, with the dissolution judgment requiring both parents to maintain life insurance policies of at least $25,000 for their children until they turned 23. Additionally, Berretdus was directed to maintain a life insurance policy on Duane's life, naming the children as beneficiaries.

In early 2024, Duane, gravely ill, sought to enforce the beneficiary designation for the policies, prompting a court finding of contempt against Berretdus due to her non-compliance. Following Duane's death in April 2024, the court ordered the insurance proceeds to be placed in Berretdus's attorney’s trust account while also mandating her to repay any loans against the policy and cover Duane III's attorney’s fees.

Berretdus appealed, arguing against the requirement to keep her children as beneficiaries past age 23 and challenging the attorney's fee award.

The appellate court affirmed the trial court's decisions, concluding that Berretdus had an ongoing obligation regarding the life insurance policy under the dissolution judgment. It noted that the judgment's language did not support her claim that the requirement lapsed at age 23, as the specific obligation to maintain the Jackson National policy with the children as beneficiaries remained enforceable regardless of their age.

The court emphasized the necessity to interpret the dissolution judgment as a whole, maintaining all provisions and avoiding nullification. The argument that certain sections of the judgment conflicted was rejected, affirming the enforceable nature of Berretdus's obligation. Furthermore, the trial court's discretion in awarding attorney’s fees was upheld, as Berretdus did not demonstrate a compelling cause for her non-compliance.