In re Marriage of Zamudio

Summary

The Illinois Supreme Court held that permissive pension service credit based on prior military service is marital property when the credit is purchased during the marriage with marital funds. The court affirmed the appellate court, reversed the circuit court, and remanded for equitable apportionment of the pension.

Holdings

1. Permissive pension service credit is acquired only when all statutory requirements are satisfied, including payment of the required monetary contributions. Because the contributions were made during the marriage with marital funds, the credit was acquired during the marriage.
2. The permissive service credit is marital property because it was acquired during the marriage with marital funds.
3. Permissive service credit cannot be analogized to regular service or treated merely as an enhancement of a preexisting nonmarital asset under the statutory scheme.

Questions Presented

1. Whether permissive pension service credit purchased during the marriage with marital funds, based in part on a spouse's pre-marriage active-duty military service, is marital or nonmarital property under the Illinois Marriage and Dissolution of Marriage Act and the Illinois Pension Code.

Disposition

reversed_and_remanded