In re Marriage of Yvanauskas, 2022 IL App (3d) 200474-U

- Case citation and parties
In re Marriage of Yvanauskas, 2022 IL App (3d) 200474‑U (Ill. App. Ct. 3d Dist. Feb. 8, 2022) (Sup. Ct. R. 23 order; non‑precedential). Petitioner‑Appellee: Anthony John Yvanauskas. Respondent‑Appellant: Cheryl A. Yvanauskas.

- Key legal issues
Whether the trial court’s finding that the wife failed to prove dissipation of marital assets under 750 ILCS 5/503(d)(2) was against the manifest weight of the evidence after a contested dissolution hearing in which the husband was excluded from testifying on the dissipation claim.

- Holding / outcome
The Third District affirmed. The appellate court held the trial court did not err: Cheryl failed to prove dissipation by a preponderance of the evidence and the finding was not against the manifest weight of the evidence.

- Significant legal reasoning (concise)
The wife alleged ~$401,711.39 in dissipations (primarily withdrawals from the husband’s alleged 401(k) and annuity) and introduced a ledger she prepared (Exhibit 1). The husband had been subject to discovery disputes and filed affidavits of compliance; his counsel did not object when Cheryl moved to exclude him from testifying on dissipation, and he was precluded from that testimony at trial. The trial court concluded Cheryl offered only speculation and unauthenticated estimates: she admitted she had no documentary proof of the asserted 401(k) balance and that the $325,000 figure was an estimate; no bank or retirement account statements were admitted into evidence (those records were not in the appellate record). The court emphasized that mere assertion or self‑prepared ledgers are insufficient; proof requires admissible evidence showing both existence/value of the asset and that withdrawals were marital dissipation. On appeal the court applied the manifest‑weight standard and found the trial court’s factual conclusions reasonable.

- Practice implications for family attorneys
- Proof of dissipation requires admissible, authenticated documents (retirement/annuity statements, bank records showing withdrawals/transfers) and, where appropriate, expert testimony to value retirement products. Self‑made ledgers or testimonies estimating account balances are weak.
- Aggressively subpoena and authenticate financial records early; preserve and enter records into evidence at trial. If a party obstructs discovery, seek timely sanctions/compelled production and consider asking for adverse inferences or admission of available records.
- If you exclude opposing testimony, ensure you have independent evidence to carry the burden; exclusion does not shift the burden to the other side.
- Keep a clear record of discovery compliance disputes for appellate review.