Legal Opinion · Dissent

In Re Marriage of O'Neill

Illinois Supreme Court

Decided October 18, 1990No. 69102Published

1DissentJustice Stamos

The majority has failed to apply the correct principles of statutory construction to section 503(d)(1) of the Illinois Marriage and Dissolution of Marriage Act (111. Rev. Stat. 1987, ch. 40, par. 503(d)(1)). In my opinion, the plain and unambiguous language of section 503(d)(1) mandates the conclusion that a trial court consider a spouse’s dissipation of marital assets that occurs at any time during the marriage, not merely during the irreconcilable breakdown stage of a marriage. Because the majority in this case has chosen to rely solely on the judicial-construction rule and has chosen to…

2Cases cited27 opinions

  1. Helvering v. HallockSupreme Court of the United States · 1940
  2. The People v. HairstonIllinois Supreme Court · 1970
  3. Kozak v. RETIREMENT BOARD OF FIREMEN'S ANNUITY AND BENEFIT FUNDIllinois Supreme Court · 1983
  4. Western National Bank v. Village of KildeerIllinois Supreme Court · 1960
  5. County of Du Page v. Graham, Anderson, Probst & White, Inc.Illinois Supreme Court · 1985

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