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Property Division in Equitable Distribution State

Here is an example of property division in an equitable distribution state.

This case, in which the parties' name was "Koberlein," was decided in Illinois in 1996.

Koberlein (1996) 217 Ill.Dec.606, 281 Ill.App.3d 880, 667 N.E.2d 695:

The judge took into account the wife's domestic duties over the course of the marriage, her limited future earning capacity, and the 30 year duration of the marriage, in awarding the wife 51% of the marital estate.

Although the judge also ordered the husband to pay temporary maintenance of $200 a month for 18 months, the wife's request for permanent maintenance was denied, taking into account the custody award of the parties' remaining minor child, of age nine, to the husband, and that the standard of living enjoyed during the marriage was not lavish.

While the husband had maintained the couple's farming operations during the marriage, the wife's primary role was that of homemaker.

The wife had also worked a variety of part-time jobs in addition to working on the farm for a period of time. She was currently employed full-time at an annual salary of $9,000 a year, and possessed nonmarital property of one-sixth interest in 120 acres of land and one-half interest in 40 acres of land. Her annual living expenses were estimated at $26,000 not including expenses for rent.

The husband's annual income was estimated to be $23,000 while his expenses were estimated at $25,000 annually.

Both parties were 51 years of age and in good health.

The court awarded custody of the minor child to the father and ordered the wife to pay $36 in child support, monthly. While the husband was awarded the farm (valued at $169,000) and $20,000 in accumulated earnings, he was required to pay the wife a balance of $66,000 over 10 years at an interest rate of 9%, in addition to a lump-sum of $25,000, immediately payable.

The court also awarded the wife the parties' Plymouth Voyager as well as $24,000 in investments.

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