In re Marriage of Wheelock, 2024 IL App (2d) 230459-U

In the case of In re Marriage of Moira Wheelock v. David Wheelock, the Illinois Appellate Court addressed an appeal by David Wheelock following the Lake County Circuit Court's decisions regarding a Qualified Illinois Domestic Relations Order (QILDRO) related to his pension.

Background: In April 1999, a court dissolved the marriage between Moira and David Wheelock and incorporated a marital settlement agreement. An order in 2001 directed David to establish a QILDRO for his pension. Over the years, Moira started receiving pension payments based on a QILDRO entered by an expert, although there were disputes about its correctness. In July 2023, the circuit court ruled in favor of Moira, ordering an amended QILDRO recalculating her share. David's subsequent motion to reconsider was denied in October 2023, which led to his appeal.

Court’s Ruling: The appellate court held that it lacked jurisdiction to consider David's appeal because no final order had been entered due to the pending QILDRO amendment. The court stated that a final order must completely resolve the rights of the parties or dispose of the entire controversy. Here, the July 2023 order explicitly called for further action (the entry of an amended QILDRO), indicating that the matter was not fully resolved.

Dissenting Opinion: Justice Hutchinson dissented, arguing that the order constituted a final judgment. He contended that the divorce decree itself, which included provisions for the QILDRO, should be deemed final and appealable, regardless of whether the QILDRO had been completed.

Conclusion: The appellate court dismissed David’s appeal, reiterating that without a final order, it did not have jurisdiction to review the case. The dissent highlighted a differing legal perspective on the appealability of divorce decrees and the QILDRO process.