In re Marriage of Schonert, 2025 IL App (4th) 241115-U
Maintenance Requires Explicit Section 504(b-2) Statutory Findings
Illinois appellate court reversed trial court's property classification of premarital vehicle, vacated maintenance award for insufficient statutory findings under 750 ILCS 5/504(b-2), and remanded. Courts must make explicit factual findings when awarding spousal maintenance and carefully analyze marital versus nonmarital property classifications.
Facts
Samantha and Scott Schonert divorced with disputes over vehicle classifications, spousal maintenance, pension division, and attorney fees. The trial court classified both parties' classic vehicles as marital property, denied maintenance, and divided pensions equally.
Issue
Whether the trial court properly classified vehicles as marital property and made required statutory findings for maintenance determination under 750 ILCS 5/504(b-2).
Holding
The appellate court reversed the Mustang classification due to insufficient evidence of marital contribution, vacated the maintenance ruling for lack of required statutory findings, and remanded for proper 504(b-2) analysis. The Blazer classification and pension division were affirmed.
Key Reasoning
- Property classification requires clear evidence of commingling, transmutation, or traceable marital contributions beyond mere restoration work
- Maintenance determinations must include explicit factual findings addressing all statutory factors under section 504(b-2)
- Courts cannot use maintenance denials as sanctions for alleged financial misrepresentations without proper statutory analysis
- Equal pension division via QDRO was proper and attorney fee denial for show-cause petition was within discretion
Practical Impact
For Petitioners
Document all marital contributions to premarital assets and demand explicit 504(b-2) findings in maintenance hearings
For Respondents
Preserve source-of-funds evidence for premarital property and challenge inadequate maintenance findings on appeal
When This Applies
Applies when courts fail to make statutory findings or when property classification lacks clear marital contribution evidence
Statutes Cited
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