In re Marriage of Brankin
Appellate Court of Illinois
967 N.E.2d 358 (Ill. App. Ct. 2012)
Karen Brankin (plaintiff) earned $75,000 a year; her husband Gary Brankin (defendant) earned $400,000, and the couple lived a high-end lifestyle together, including a million-dollar home and travel on Gary's private jet. When Karen filed for divorce, Gary was 58 and had recently had a heart attack. The trial court awarded Karen $3,000 per month in permanent maintenance, weighing the couple's prior standard of living, Karen's need, and Gary's present and likely future ability to pay given his age and health. Gary appealed, arguing the court over-weighted the marital standard of living and that Karen's own salary meant she didn't need maintenance, and that the award was too high and shouldn't be permanent given his health. Karen cross-appealed, arguing the award should have more closely equalized the couple's post-divorce incomes.
Whether permanent maintenance is appropriate in a divorce decree when it is evident that the recipient spouse is unemployable or employable only at an income substantially lower than the couple's previous standard of living.