In re Marriage of Nelson, 2025 IL App (5th) 250001-U
Pension Division Requires Express Findings
Illinois appellate court affirmed parenting restrictions due to domestic violence evidence but reversed pension division denial. Courts must make specific findings on pension characterization, valuation, and division method. Trial courts have broad discretion limiting parenting time when domestic violence exists.
Facts
Brian and Lindsay Nelson divorced with disputed parenting time, property division, and support issues. The trial court restricted Brian's contact with children due to domestic battery charges and denied him any share of Lindsay's pension. Brian appealed multiple aspects of the judgment.
Issue
Whether the trial court properly allocated parenting time given domestic violence concerns and whether denial of any pension share constituted an abuse of discretion.
Holding
The appellate court affirmed restricted parenting time based on domestic violence evidence but reversed the pension ruling. Courts must make express findings regarding pension characterization, valuation, and division method rather than summarily denying distribution.
Key Reasoning
- Parenting time restrictions reviewed for manifest weight of evidence standard
- Domestic battery charges, no-contact orders, and bond violations supported limited contact
- Pensions constitute marital property requiring equitable division with specific findings
- Trial court failed to properly analyze pension characterization and valuation before denial
Practical Impact
For Petitioners
Document domestic violence thoroughly to support parenting restrictions and demand specific pension valuations with express court findings
For Respondents
Challenge insufficient evidence for parenting limitations and ensure pension analysis includes proper characterization and valuation steps
When This Applies
Applies when domestic violence evidence exists and retirement benefits are involved; limited to cases with inadequate factual findings
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