In Re Marriage Of Reynard

801 NE.2d 591 (2003)

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Nature of the Case

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Facts

H and W were married on January 29, 1969. On March 6, 2001, W filed a petition for dissolution of marriage. H and W both earned college degrees. W earned her degree in English and took all of the required undergraduate teaching classes. H and W accepted teaching positions. H also attended law school at night. Upon graduation from law school H became an assistant State's Attorney. W had to quit her job because the parties moved. W worked as a Hertz Rent-A-Car clerk and then as a child-care worker in a day-care center. W became a homemaker in 1977. H entered the private practice of law. A second child was born, and W was successful at home sales and in one year earned $ 20,000 gross. In 1987, H was appointed as the McLean County State's Attorney. He ran for election in 1988 and re-election in 1992 and 1996. W assisted in all three campaigns. W was 54 years old and in good health. She did receive psychotherapy and massages for fibromyalgia. W worked as the coordinator of volunteers and college interns at the McLean County Museum of History. W earned $ 29,819 per year. W never acquired a teaching license in Illinois because it was not required to teach as a special education teaching assistant and was not required in parochial schools. H was 56 years old and also in good health. He had recently won an election for circuit court judge of McLean County. His projected earnings were $ 136,546 per year. H received $ 319,487 in marital assets, including a home valued at $ 108,000 with an 80% mortgage remaining, four Salomon Smith Barney accounts, and the parties' marital interest in a condominium lived in by the parties' daughter Rachel. The condo is valued at $ 107,000 and also has an 80% mortgage. The trial court also awarded H a 1996 Ford Windstar and a 2001 Ford Taurus. The Taurus has a car loan for its full $ 15,000 value. H received quantities of stocks and funds acquired by gift, legacy, or descent from his mother, a $106,771 reimbursement from the marital estate, and $ 12,906 of nonmarital debt in the form of a campaign loan. H's affidavit indicated her average monthly expenses were $ 4,527. The court determined a more realistic estimate of W's expenses at the time of hearing was $ 3,060 per month. H's monthly net income from all sources, including interest and dividend payments, is $ 7,973. His total average monthly expenses are $ 8,542.38, including expenses for Meghan but not including a maintenance payment. W was awarded maintenance in the amount of $ 1,600 per month. W appealed and argues she is entitled to a maintenance award of $ 3,750 a month to equalize the parties' net disposable incomes.