Appellate Court Says Wrongful Conviction Award is Marital Property

The Illinois Court of Appeals determined a husband’s wrongful conviction settlement of $20 million is marital property.  The  The husband was imprisoned from 1992 through 2012, but the parties married in 2000 and husband filed for divorce in 2014.  The husband argued the settlement funds resulted from a wrongful conviction in 1992 (prior to the marriage), and should therefore be his non-marital property.  The wife (successfully) argued the settlement funds resulted from a lawsuit, the basis of which did not exist until the husband’s exoneration (during the marriage), and should therefore be determined to be marital property.