IN RE MARRIAGE OF BRANKIN 967 N.E.2d 358 (2012) CASE BRIEF

IN RE MARRIAGE OF BRANKIN

967 N.E.2d 358 (2012)

NATURE OF THE CASE: The Circuit Court awarded W $3,000 in permanent maintenance. H appealed; W cross-appealed.

FACTS: H and W were married on September 12, 1981. They had one child together, Allison, who was born in 1984 and is now emancipated. In 2010, H was a 58-year-old endodontist earning approximately $400,000 a year. Was a 55-year-old tenured school teacher earning approximately $75,000. W filed a petition for dissolution of marriage and the parties entered into a marital settlement agreement resolving all issues except maintenance and life insurance. W was to receive assets with a value of between $605,340 and $800,100. This included $55,000 in cash, her Teachers Retirement System account (valued at between $330,840 and $526,900), $137,000 in a 403(b) account, $15,000 in an individual retirement account (IRA), and $67,500 from H's 401(k) account. H received assets that were valued at between $574,000 and $1.8 million. The discrepancy in that amount was based on the value of H's medical practice. W placed the value of the medical practice at $960,000. H placed the value of the medical practice at $57,445. H also received the marital residence, which had a negative equity of between $234,000 and $334,000. The trial court awarded W $3,000 per month in permanent maintenance. The trial court awarded W $3,000 per month in permanent maintenance. The trial court considered (1) the parties' standard of living during the marriage; (2) W's need for maintenance; (3) H's current ability to pay maintenance; and (4) H's ability to pay maintenance in the future, based on his age and health in light of his recent heart attack. The court denied security for W in a $1-million-dollar life insurance policy. Both parties appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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