Faber v. Faber, 2/26/16
April 20, 2017
A court did not err in determining that all of the appreciation of the husband’s 401(k) was marital property under 750 ILCS 5/503. The ruling was based on credible testimony of a witness, and the husband did not present expert evidence regarding the specific earnings of the nonmarital funds in the account. The trial court did not err in determining that 100% of the increase in the value of the husband’s stock account was marital property under 750 ILCS 5/503 because evidence ascribed the increase in the value to “other assets” acquired during the marriage. No other calculation was feasible, and the husband failed to supply necessary documentation. The court properly denied attorney’s fees to the wife under 750 ILCS 5/508 because expecting a party to pay fees of $150,000 after being awarded $3,575,000 was not arbitrary. The lower court’s judgment was affirmed.