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11/14/88 In Re Marriage of Irene Swigers

November 14, 1988

IN RE MARRIAGE OF IRENE SWIGERS, PETITIONER-APPELLANT, AND


APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FIFTH DIVISION

DAVID SWIGERS, Respondent-Appellee

531 N.E.2d 858, 176 Ill. App. 3d 795, 126 Ill. Dec. 231 1988.IL.1646

Appeal from the Circuit Court of Cook County; the Hon. Michael S. Jordan, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE LORENZ delivered the opinion of the court. PINCHAM and MURRAY, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LORENZ

Petitioner, Irene Swigers, appeals from a judgment of dissolution of marriage and contends the trial court abused its discretion when it divided the marital property and when it awarded her maintenance in the amount of $1,700 per month for six years.

We affirm.

The parties were married on December 30, 1961, and had two children, who are emancipated. Petitioner filed for dissolution of marriage and the trial was held in May of 1986.

Petitioner testified she was 52 years old, unemployed, and resided in the marital home in Palatine, Illinois. During most of the years she was married, petitioner was a homemaker and raised the parties' two children. She is a high school graduate, and when her children were in high school, she became a licensed real estate agent. While married, she worked as a receptionist for approximately one year and as a real estate agent for approximately three years. She earned a total of approximately $12,000 as a real estate agent. In 1978, she was first diagnosed as having cancer. It has reoccurred twice since that time and she has received radiation and chemotherapy as treatment. Due to fatigue from chemotherapy, she stopped practicing as a real estate agent. She was last treated for cancer in 1983, and at the time of trial, the cancer was in remission. In 1985, she was hospitalized three times due to bladder hemorrhage, which was apparently a side effect of three years of chemotherapy. One occurrence of bladder hemorrhage required surgery. To avoid future relapses, she is cautious when exerting herself. She testified she is incapable of working because cause she is physically exhausted; however, she is capable of performing housework but only at a slow pace.

Respondent, David Swigers, was 47 years old at the time of trial and resided in Los Angeles, California. He completed high school and one semester of junior college. He was employed as western zone manager for a manufacturing company, and at the time of trial, his gross income was $7,500 per month. Respondent's pay stub dated April 30, 1986, was admitted into evidence and he testified his net income was $3,835.94 per month. He also testified that the social security deduction of $530 per month would end in June because it would reach the maximum yearly deduction. Petitioner argued the average social security deduction was, therefore, only $232.50 per month. Apparently, the trial court agreed and found respondent's net income was $4,100 per month.

The marital property was divided as follows:

Assets PETITIONER RESPONDENT

House $57,900.00 $38,600.00

Retirement Plan (present value) 2,500.00 2,500.00

Savings Plan 14,000.00 32,081.15

Bank Accounts ...


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