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In Re Marriage of Weinberg

ILLINOIS APPELLATE COURT — FIRST DISTRICT (5TH DIVISION) ORDER AFFIRMED AS MODIFIED.


OPINION FILED FEBRUARY 24, 1984.

IN RE MARRIAGE OF DAGMAR ANN WEINBERG, PETITIONER-APPELLEE AND CROSS-APPELLANT, AND PETER E. WEINBERG, RESPONDENT-APPELLANT AND CROSS-APPELLEE.

Appeal from the Circuit Court of Cook County; the Hon. Willard J. Lassers, Judge, presiding.

JUSTICE SULLIVAN DELIVERED THE OPINION OF THE COURT:

Rehearing denied July 11, 1984.

This is an appeal from an amended judgment for dissolution of marriage. Respondent contends that (1) the trial court's valuation of certain marital property was contrary to the manifest weight of the evidence; and (2) the trial court abused its discretion in (a) unfairly apportioning the marital assets and liabilities, (b) awarding permanent maintenance to petitioner, and (c) ordering him to pay excessive attorney fees.

Judgment for dissolution was entered on April 16, 1982, and subsequently amended on February 7, 1983. No issues pertaining to the orders dissolving the marriage and awarding custody of the children to petitioner are raised in this appeal. Testimony and evidence introduced at protracted evidentiary hearings established that the parties were married in December 1962 and adopted three children: Bruno, born in 1965; Elsa, born in 1967; and Alexander, born in 1976. During the first two years of the marriage, petitioner worked part-time as a model and receptionist while respondent completed his resident training in radiology, but throughout the remainder of the marriage petitioner was an unemployed homemaker. After serving two years in the Army, respondent worked as a radiologist, completed a fellowship in neuroradiology, and commenced working as a neuroradiologist at Northwestern Hospital in Chicago. He was employed by the Northwestern Radiology Group, S.C. (Group), a professional corporation in which he was one of 13 partners, and also had his own professional consulting firm, Peter E. Weinberg, M.D.S.C. (M.D.S.C.), of which he was the sole shareholder. In 1972, the couple purchased a cooperative apartment for $43,000, spent an additional $50,000 for its rehabilitation and redecoration, and hired household help to assist petitioner in its upkeep. For several years, the family traveled extensively, but when they lost the services of a babysitter who usually accompanied them, they rented a house in South Hampton, New York, for family vacations, and in the fall of 1978 they purchased a home there for $448,000. In November 1979 respondent moved out of the marital residence, and in February 1980 petitioner filed a petition for legal separation. Respondent thereafter counterpetitioned for dissolution, and in March 1981, petitioner filed an amended petition also seeking dissolution. The evidence presented on the issues relating to property disposition, maintenance, and child support is voluminous, and we shall set forth only those portions and the trial court's findings thereon as are relevant to the issues as they are discussed.

In the amended judgment for dissolution of marriage, the following valuation and distribution or property was made:

Assets Petitioner Respondent

Marital resident (co-op) $390,000 Furnishings (co-op) 25,000 Art objects 25,000 $129,625 Proceeds from sale of South Hampton vacation home 885,000 Cash 13,455 M.D.S.C. stock 5,610 M.D.S.C. profit sharing plan 17,818 M.D.S.C. pension plan (value disputed) 103,828 Northwestern Radiology Group stock 6,000 Northwestern Radiology Group profit sharing plan 39,838 Northwestern Radiology Group pension plan — valued in excess of $207,613 50% of net 50% of net portion accrued portion accrued during marriage during marriage __________________ _________________ $440,000 *fn1 $1,201,174*fn1

Liabilities Petitioner Respondent

Third party loans for acquisition of South Hampton property $375,000 Real estate commissions for purchase and sale of South Hampton property 52,700 Loans from retirement plans 217,466 Taxes due on South Hampton property 110,085 Miscellaneous loans 85,700 Income tax deficiency for disallowed deductions during 1976-1979 $200,000-250,000 *fn2

__________ ___________ - 0 - $1,040,951 Net award .......................... $440,000 $ 160,223


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