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03/11/94 MARRIAGE MARTHA M. MOHR

March 11, 1994

IN RE: THE MARRIAGE OF MARTHA M. MOHR, PETITIONER-APPELLEE AND CROSS-APPELLANT, AND PAUL R. MOHR, RESPONDENT-APPELLANT AND CROSS-APPELLEE.


Appeal from Circuit Court of Champaign County. Nos. 92C593, 92C628. Honorable Harry E. Clem, Judge Presiding.

As Corrected March 31, 1994.

Honorable Carl A. Lund, J., Honorable John T. McCULLOUGH, P.j., Honorable Robert W. Cook, J.

The opinion of the court was delivered by: Lund

JUSTICE LUND delivered the opinion of the court:

In this marriage dissolution case in the circuit court of Champaign County, respondent Paul Mohr appeals and petitioner Martha Mohr cross-appeals from the May 19, 1993, "JUDGMENT ORDER ON ANCILLARY ISSUES." On July 16, 1992, the trial court entered an uncontested judgment dissolving the marriage of the parties. This earlier judgment found that the marriage of July 27, 1985, produced no children and that petitioner was 58 and respondent 63 years of age. Ancillary matters were reserved.

The May 19, 1993, order provided for division of property and maintenance. Portions of that order relative to the issues on appeal provided:

"F. Petitioner is awarded as her property * * * $25,000 as her share of the 1992 crop."

"7. Factors relevant to the apportionment of the parties' marital estate are:

d. At the time the parties married, Petitioner gave up $1,000 per month maintenance payments and paid health insurance which she received as part of the settlement in her divorce from Dr. Twohey, as well as the security afforded her by a life insurance policy which Dr. Twohey was required to maintain in effect, based upon Respondent's assurance that he could and would support her for the remainder of her life,

e. The parties executed an Antenuptial Agreement prior to their marriage,

z. In their Antenuptial Agreement, the parties agreed that each would contribute 1/2 of the money needed to pay their combined expenses,

aa. Pursuant to the parties['] expense[-] sharing agreement, Petitioner contributed in excess of $106,000 toward payment of the parties' combined expenses during the parties' marriage and Respondent contributed in excess of $66,000 toward payment of those expenses."

In addition to the award of $25,000 and other assets to petitioner, the court provided:

"J. Respondent shall pay to Petitioner, as maintenance, $750 per month which payments shall continue until Petitioner dies, remarries or cohabits with another on a continuing, conjugal basis."

RESPONDENT'S ISSUES ON APPEAL

Respondent contends on appeal that awarding petitioner $25,000 of the 1992 crops from his nonmarital farmland was in error and a nullity because neither party asserted such crop was marital property. As an alternative, he contends it was error to award $25,000 as her share of the 1992 crop from marital farmland because the crop from that land was worth only $9,500 before expenses were deducted. He also contends that such an award from the 1992 crop would be a substantial inJustice, because it virtually eliminates respondent's 1993 income.

Respondent also contends it was error, when determining maintenance, to consider maintenance given up by plaintiff when she married respondent.

PETITIONER'S ISSUES ON CROSS-APPEAL

Petitioner contends the trial court erred in not awarding her at least $1,000-per-month maintenance and payment of her medical insurance by respondent. She also contends the trial court erred in not awarding her an additional $20,000 to equalize the parties' living expenses pursuant to the parties' prenuptial agreement provision on living expenses.

ANALYSIS

At the time the parties married on July 27, 1985, petitioner was 51 years of age and respondent was 55. Both of them had grown children from their prior marriages. Petitioner's settlement agreement from her previous marriage provided her with $1,000-per-month alimony, complete health coverage, and a $100,000 life insurance policy on her ex-husband's life. Petitioner claims she voiced concerns over losing this ...


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