Legal Memorandum: Distribution of marital property appellate standard of review

Issue: Under Illinois law, what is the standard of review applied to the distribution of marital property?

Area of Law: Family Law
Keywords: ; Standard of Review; Marital Property; Distribution; Equitable; Division; Reason
Jurisdiction: Illinois
Cited Cases: None
Cited Statutes: None
Date: 03/01/2016

The touchstone of apportionment of marital property is whether the distribution is equitable and each case rests on its own facts. In re Marriage of Jones, 187 Ill. App. 3d 206, 222 (1989). We will not disturb a trial court’s division of marital property unless an abuse of discretion is shown. Id. A trial court does not abuse its discretion unless, in view of all of the circumstances, its decision so exceeded the bounds of reason that no reasonable person would take the view adopted by the trial court. Id.

In Re Marriage of Smith, 2016.IL.141091-U (Ill. App. Dist. 1 2016) (not precedential).

Date: March 1, 2016

Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)