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Full Text of SB1261  100th General Assembly

SB1261enr 100TH GENERAL ASSEMBLY



 


 
SB1261 EnrolledLRB100 10927 HEP 21164 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Marriage and Dissolution of
5Marriage Act is amended by changing Sections 452, 501, 502, and
6503 as follows:
 
7    (750 ILCS 5/452)
8    Sec. 452. Petition. The parties to a dissolution proceeding
9may file a joint petition for simplified dissolution if they
10certify that all of the following conditions exist when the
11proceeding is commenced:
12        (a) Neither party is dependent on the other party for
13    support or each party is willing to waive the right to
14    support; and the parties understand that consultation with
15    attorneys may help them determine eligibility for spousal
16    support.
17        (b) Either party has met the residency or military
18    presence requirement of Section 401 of this Act.
19        (c) The requirements of Section 401 regarding proof of
20    irreconcilable differences have been met.
21        (d) No children were born of the relationship of the
22    parties or adopted by the parties during the marriage, and
23    the wife, to her knowledge, is not pregnant by the husband.

 

 

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1        (e) The duration of the marriage does not exceed 8
2    years.
3        (f) Neither party has any interest in real property or
4    retirement benefits unless the retirement benefits are
5    exclusively held in individual retirement accounts and the
6    combined value of the accounts is less than $10,000.
7        (g) The parties waive any rights to maintenance.
8        (h) The total fair market value of all marital
9    property, after deducting all encumbrances, is less than
10    $50,000, the combined gross annualized income from all
11    sources is less than $60,000, and neither party has a gross
12    annualized income from all sources in excess of $30,000.
13        (i) The parties have disclosed to each other all assets
14    and liabilities and their tax returns for all years of the
15    marriage.
16        (j) The parties have executed a written agreement
17    dividing all assets in excess of $100 in value and
18    allocating responsibility for debts and liabilities
19    between the parties.
20        (k) The parties have executed a written agreement
21    allocating ownership of and responsibility for any
22    companion animals owned by the parties. As used in this
23    Section, "companion animal" does not include a service
24    animal as defined in Section 2.01c of the Humane Care for
25    Animals Act.
26(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
 

 

 

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1    (750 ILCS 5/501)  (from Ch. 40, par. 501)
2    Sec. 501. Temporary relief. In all proceedings under this
3Act, temporary relief shall be as follows:
4    (a) Either party may petition or move for:
5        (1) temporary maintenance or temporary support of a
6    child of the marriage entitled to support, accompanied by
7    an affidavit as to the factual basis for the relief
8    requested. One form of financial affidavit, as determined
9    by the Supreme Court, shall be used statewide. The
10    financial affidavit shall be supported by documentary
11    evidence including, but not limited to, income tax returns,
12    pay stubs, and banking statements. Unless the court
13    otherwise directs, any affidavit or supporting documentary
14    evidence submitted pursuant to this paragraph shall not be
15    made part of the public record of the proceedings but shall
16    be available to the court or an appellate court in which
17    the proceedings are subject to review, to the parties,
18    their attorneys, and such other persons as the court may
19    direct. Upon motion of a party, a court may hold a hearing
20    to determine whether and why there is a disparity between a
21    party's sworn affidavit and the supporting documentation.
22    If a party intentionally or recklessly files an inaccurate
23    or misleading financial affidavit, the court shall impose
24    significant penalties and sanctions including, but not
25    limited to, costs and attorney's fees;

 

 

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1        (2) a temporary restraining order or preliminary
2    injunction, accompanied by affidavit showing a factual
3    basis for any of the following relief:
4            (i) restraining any person from transferring,
5        encumbering, concealing or otherwise disposing of any
6        property except in the usual course of business or for
7        the necessities of life, and, if so restrained,
8        requiring him to notify the moving party and his
9        attorney of any proposed extraordinary expenditures
10        made after the order is issued; however, an order need
11        not include an exception for transferring,
12        encumbering, or otherwise disposing of property in the
13        usual course of business or for the necessities of life
14        if the court enters appropriate orders that enable the
15        parties to pay their necessary personal and business
16        expenses including, but not limited to, appropriate
17        professionals to assist the court pursuant to
18        subsection (l) of Section 503 to administer the payment
19        and accounting of such living and business expenses;
20            (ii) enjoining a party from removing a child from
21        the jurisdiction of the court for more than 14 days;
22            (iii) enjoining a party from striking or
23        interfering with the personal liberty of the other
24        party or of any child; or
25            (iv) providing other injunctive relief proper in
26        the circumstances; or

 

 

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1        (3) other appropriate temporary relief including, in
2    the discretion of the court, ordering the purchase or sale
3    of assets and requiring that a party or parties borrow
4    funds in the appropriate circumstances.
5    Issues concerning temporary maintenance or temporary
6support of a child entitled to support shall be dealt with on a
7summary basis based on allocated parenting time, financial
8affidavits, tax returns, pay stubs, banking statements, and
9other relevant documentation, except an evidentiary hearing
10may be held upon a showing of good cause. If a party
11intentionally or recklessly files an inaccurate or misleading
12financial affidavit, the court shall impose significant
13penalties and sanctions including, but not limited to, costs
14and attorney's fees resulting from the improper
15representation.
16    (b) The court may issue a temporary restraining order
17without requiring notice to the other party only if it finds,
18on the basis of the moving affidavit or other evidence, that
19irreparable injury will result to the moving party if no order
20is issued until the time for responding has elapsed.
21    (c) A response hereunder may be filed within 21 days after
22service of notice of motion or at the time specified in the
23temporary restraining order.
24    (c-1) As used in this subsection (c-1), "interim attorney's
25fees and costs" means attorney's fees and costs assessed from
26time to time while a case is pending, in favor of the

 

 

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1petitioning party's current counsel, for reasonable fees and
2costs either already incurred or to be incurred, and "interim
3award" means an award of interim attorney's fees and costs.
4Interim awards shall be governed by the following:
5        (1) Except for good cause shown, a proceeding for (or
6    relating to) interim attorney's fees and costs in a
7    pre-judgment dissolution proceeding shall be
8    nonevidentiary and summary in nature. All hearings for or
9    relating to interim attorney's fees and costs under this
10    subsection shall be scheduled expeditiously by the court.
11    When a party files a petition for interim attorney's fees
12    and costs supported by one or more affidavits that
13    delineate relevant factors, the court (or a hearing
14    officer) shall assess an interim award after affording the
15    opposing party a reasonable opportunity to file a
16    responsive pleading. A responsive pleading shall set out
17    the amount of each retainer or other payment or payments,
18    or both, previously paid to the responding party's counsel
19    by or on behalf of the responding party. A responsive
20    pleading shall include costs incurred, and shall indicate
21    whether the costs are paid or unpaid. In assessing an
22    interim award, the court shall consider all relevant
23    factors, as presented, that appear reasonable and
24    necessary, including to the extent applicable:
25            (A) the income and property of each party,
26        including alleged marital property within the sole

 

 

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1        control of one party and alleged non-marital property
2        within access to a party;
3            (B) the needs of each party;
4            (C) the realistic earning capacity of each party;
5            (D) any impairment to present earning capacity of
6        either party, including age and physical and emotional
7        health;
8            (E) the standard of living established during the
9        marriage;
10            (F) the degree of complexity of the issues,
11        including allocation of parental responsibility,
12        valuation or division (or both) of closely held
13        businesses, and tax planning, as well as reasonable
14        needs for expert investigations or expert witnesses,
15        or both;
16            (G) each party's access to relevant information;
17            (H) the amount of the payment or payments made or
18        reasonably expected to be made to the attorney for the
19        other party; and
20            (I) any other factor that the court expressly finds
21        to be just and equitable.
22        (2) Any assessment of an interim award (including one
23    pursuant to an agreed order) shall be without prejudice to
24    any final allocation and without prejudice as to any claim
25    or right of either party or any counsel of record at the
26    time of the award. Any such claim or right may be presented

 

 

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1    by the appropriate party or counsel at a hearing on
2    contribution under subsection (j) of Section 503 or a
3    hearing on counsel's fees under subsection (c) of Section
4    508. Unless otherwise ordered by the court at the final
5    hearing between the parties or in a hearing under
6    subsection (j) of Section 503 or subsection (c) of Section
7    508, interim awards, as well as the aggregate of all other
8    payments by each party to counsel and related payments to
9    third parties, shall be deemed to have been advances from
10    the parties' marital estate. Any portion of any interim
11    award constituting an overpayment shall be remitted back to
12    the appropriate party or parties, or, alternatively, to
13    successor counsel, as the court determines and directs,
14    after notice in a form designated by the Supreme Court. An
15    order for the award of interim attorney's fees shall be a
16    standardized form order and labeled "Interim Fee Award
17    Order".
18        (3) In any proceeding under this subsection (c-1), the
19    court (or hearing officer) shall assess an interim award
20    against an opposing party in an amount necessary to enable
21    the petitioning party to participate adequately in the
22    litigation, upon findings that the party from whom
23    attorney's fees and costs are sought has the financial
24    ability to pay reasonable amounts and that the party
25    seeking attorney's fees and costs lacks sufficient access
26    to assets or income to pay reasonable amounts. In

 

 

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1    determining an award, the court shall consider whether
2    adequate participation in the litigation requires
3    expenditure of more fees and costs for a party that is not
4    in control of assets or relevant information. Except for
5    good cause shown, an interim award shall not be less than
6    payments made or reasonably expected to be made to the
7    counsel for the other party. If the court finds that both
8    parties lack financial ability or access to assets or
9    income for reasonable attorney's fees and costs, the court
10    (or hearing officer) shall enter an order that allocates
11    available funds for each party's counsel, including
12    retainers or interim payments, or both, previously paid, in
13    a manner that achieves substantial parity between the
14    parties.
15        (4) The changes to this Section 501 made by this
16    amendatory Act of 1996 apply to cases pending on or after
17    June 1, 1997, except as otherwise provided in Section 508.
18    (c-2) Allocation of use of marital residence. Where there
19is on file a verified complaint or verified petition seeking
20temporary eviction from the marital residence, the court may,
21during the pendency of the proceeding, only in cases where the
22physical or mental well-being of either spouse or his or her
23children is jeopardized by occupancy of the marital residence
24by both spouses, and only upon due notice and full hearing,
25unless waived by the court on good cause shown, enter orders
26granting the exclusive possession of the marital residence to

 

 

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1either spouse, by eviction from, or restoration of, the marital
2residence, until the final determination of the cause pursuant
3to the factors listed in Section 602.7 of this Act. No such
4order shall in any manner affect any estate in homestead
5property of either party. In entering orders under this
6subsection (c-2), the court shall balance hardships to the
7parties.
8    (d) A temporary order entered under this Section:
9        (1) does not prejudice the rights of the parties or the
10    child which are to be adjudicated at subsequent hearings in
11    the proceeding;
12        (2) may be revoked or modified before final judgment,
13    on a showing by affidavit and upon hearing; and
14        (3) terminates when the final judgment is entered or
15    when the petition for dissolution of marriage or legal
16    separation or declaration of invalidity of marriage is
17    dismissed.
18    (e) The fees or costs of mediation shall be borne by the
19parties and may be assessed by the court as it deems equitable
20without prejudice and are subject to reallocation at the
21conclusion of the case.
22    (f) Companion animals. Either party may petition or move
23for the temporary allocation of sole or joint possession of and
24responsibility for a companion animal jointly owned by the
25parties. In issuing an order under this subsection, the court
26shall take into consideration the well-being of the companion

 

 

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1animal. As used in this Section, "companion animal" does not
2include a service animal as defined in Section 2.01c of the
3Humane Care for Animals Act.
4(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
 
5    (750 ILCS 5/502)  (from Ch. 40, par. 502)
6    Sec. 502. Agreement.
7    (a) To promote amicable settlement of disputes between
8parties to a marriage attendant upon the dissolution of their
9marriage, the parties may enter into an agreement containing
10provisions for disposition of any property owned by either of
11them, maintenance of either of them, support, parental
12responsibility allocation of their children, and support of
13their children as provided in Sections 513 and 513.5 after the
14children attain majority. The parties may also enter into an
15agreement allocating the sole or joint ownership of or
16responsibility for a companion animal. As used in this Section,
17"companion animal" does not include a service animal as defined
18in Section 2.01c of the Humane Care for Animals Act. Any
19agreement pursuant to this Section must be in writing, except
20for good cause shown with the approval of the court, before
21proceeding to an oral prove up.
22    (b) The terms of the agreement, except those providing for
23the support and parental responsibility allocation of
24children, are binding upon the court unless it finds, after
25considering the economic circumstances of the parties and any

 

 

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1other relevant evidence produced by the parties, on their own
2motion or on request of the court, that the agreement is
3unconscionable. The terms of the agreement incorporated into
4the judgment are binding if there is any conflict between the
5terms of the agreement and any testimony made at an uncontested
6prove-up hearing on the grounds or the substance of the
7agreement.
8    (c) If the court finds the agreement unconscionable, it may
9request the parties to submit a revised agreement or upon
10hearing, may make orders for the disposition of property,
11maintenance, child support and other matters.
12    (d) Unless the agreement provides to the contrary, its
13terms shall be set forth in the judgment, and the parties shall
14be ordered to perform under such terms, or if the agreement
15provides that its terms shall not be set forth in the judgment,
16the judgment shall identify the agreement and state that the
17court has approved its terms.
18    (e) Terms of the agreement set forth in the judgment are
19enforceable by all remedies available for enforcement of a
20judgment, including contempt, and are enforceable as contract
21terms.
22    (f) Child support, support of children as provided in
23Sections 513 and 513.5 after the children attain majority, and
24parental responsibility allocation of children may be modified
25upon a showing of a substantial change in circumstances. The
26parties may provide that maintenance is non-modifiable in

 

 

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1amount, duration, or both. If the parties do not provide that
2maintenance is non-modifiable in amount, duration, or both,
3then those terms are modifiable upon a substantial change of
4circumstances. Property provisions of an agreement are never
5modifiable. The judgment may expressly preclude or limit
6modification of other terms set forth in the judgment if the
7agreement so provides. Otherwise, terms of an agreement set
8forth in the judgment are automatically modified by
9modification of the judgment.
10(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
 
11    (750 ILCS 5/503)  (from Ch. 40, par. 503)
12    Sec. 503. Disposition of property and debts.
13    (a) For purposes of this Act, "marital property" means all
14property, including debts and other obligations, acquired by
15either spouse subsequent to the marriage, except the following,
16which is known as "non-marital property":
17        (1) property acquired by gift, legacy or descent or
18    property acquired in exchange for such property;
19        (2) property acquired in exchange for property
20    acquired before the marriage;
21        (3) property acquired by a spouse after a judgment of
22    legal separation;
23        (4) property excluded by valid agreement of the
24    parties, including a premarital agreement or a postnuptial
25    agreement;

 

 

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1        (5) any judgment or property obtained by judgment
2    awarded to a spouse from the other spouse except, however,
3    when a spouse is required to sue the other spouse in order
4    to obtain insurance coverage or otherwise recover from a
5    third party and the recovery is directly related to amounts
6    advanced by the marital estate, the judgment shall be
7    considered marital property;
8        (6) property acquired before the marriage, except as it
9    relates to retirement plans that may have both marital and
10    non-marital characteristics;
11        (6.5) all property acquired by a spouse by the sole use
12    of non-marital property as collateral for a loan that then
13    is used to acquire property during the marriage; to the
14    extent that the marital estate repays any portion of the
15    loan, it shall be considered a contribution from the
16    marital estate to the non-marital estate subject to
17    reimbursement;
18        (7) the increase in value of non-marital property,
19    irrespective of whether the increase results from a
20    contribution of marital property, non-marital property,
21    the personal effort of a spouse, or otherwise, subject to
22    the right of reimbursement provided in subsection (c) of
23    this Section; and
24        (8) income from property acquired by a method listed in
25    paragraphs (1) through (7) of this subsection if the income
26    is not attributable to the personal effort of a spouse.

 

 

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1    Property acquired prior to a marriage that would otherwise
2be non-marital property shall not be deemed to be marital
3property solely because the property was acquired in
4contemplation of marriage.
5    The court shall make specific factual findings as to its
6classification of assets as marital or non-marital property,
7values, and other factual findings supporting its property
8award.
9    (b)(1) For purposes of distribution of property, all
10property acquired by either spouse after the marriage and
11before a judgment of dissolution of marriage or declaration of
12invalidity of marriage is presumed marital property. This
13presumption includes non-marital property transferred into
14some form of co-ownership between the spouses, regardless of
15whether title is held individually or by the spouses in some
16form of co-ownership such as joint tenancy, tenancy in common,
17tenancy by the entirety, or community property. The presumption
18of marital property is overcome by showing through clear and
19convincing evidence that the property was acquired by a method
20listed in subsection (a) of this Section or was done for estate
21or tax planning purposes or for other reasons that establish
22that a transfer between spouses was not intended to be a gift.
23    (2) For purposes of distribution of property pursuant to
24this Section, all pension benefits (including pension benefits
25under the Illinois Pension Code, defined benefit plans, defined
26contribution plans and accounts, individual retirement

 

 

SB1261 Enrolled- 16 -LRB100 10927 HEP 21164 b

1accounts, and non-qualified plans) acquired by or participated
2in by either spouse after the marriage and before a judgment of
3dissolution of marriage or legal separation or declaration of
4invalidity of the marriage are presumed to be marital property.
5A spouse may overcome the presumption that these pension
6benefits are marital property by showing through clear and
7convincing evidence that the pension benefits were acquired by
8a method listed in subsection (a) of this Section. The right to
9a division of pension benefits in just proportions under this
10Section is enforceable under Section 1-119 of the Illinois
11Pension Code.
12    The value of pension benefits in a retirement system
13subject to the Illinois Pension Code shall be determined in
14accordance with the valuation procedures established by the
15retirement system.
16    The recognition of pension benefits as marital property and
17the division of those benefits pursuant to a Qualified Illinois
18Domestic Relations Order shall not be deemed to be a
19diminishment, alienation, or impairment of those benefits. The
20division of pension benefits is an allocation of property in
21which each spouse has a species of common ownership.
22    (3) For purposes of distribution of property under this
23Section, all stock options and restricted stock or similar form
24of benefit granted to either spouse after the marriage and
25before a judgment of dissolution of marriage or legal
26separation or declaration of invalidity of marriage, whether

 

 

SB1261 Enrolled- 17 -LRB100 10927 HEP 21164 b

1vested or non-vested or whether their value is ascertainable,
2are presumed to be marital property. This presumption of
3marital property is overcome by a showing that the stock
4options or restricted stock or similar form of benefit were
5acquired by a method listed in subsection (a) of this Section.
6The court shall allocate stock options and restricted stock or
7similar form of benefit between the parties at the time of the
8judgment of dissolution of marriage or declaration of
9invalidity of marriage recognizing that the value of the stock
10options and restricted stock or similar form of benefit may not
11be then determinable and that the actual division of the
12options may not occur until a future date. In making the
13allocation between the parties, the court shall consider, in
14addition to the factors set forth in subsection (d) of this
15Section, the following:
16        (i) All circumstances underlying the grant of the stock
17    option and restricted stock or similar form of benefit
18    including but not limited to the vesting schedule, whether
19    the grant was for past, present, or future efforts, whether
20    the grant is designed to promote future performance or
21    employment, or any combination thereof.
22        (ii) The length of time from the grant of the option to
23    the time the option is exercisable.
24    (b-5) As to any existing policy of life insurance insuring
25the life of either spouse, or any interest in such policy, that
26constitutes marital property, whether whole life, term life,

 

 

SB1261 Enrolled- 18 -LRB100 10927 HEP 21164 b

1group term life, universal life, or other form of life
2insurance policy, and whether or not the value is
3ascertainable, the court shall allocate ownership, death
4benefits or the right to assign death benefits, and the
5obligation for premium payments, if any, equitably between the
6parties at the time of the judgment for dissolution or
7declaration of invalidity of marriage.
8    (c) Commingled marital and non-marital property shall be
9treated in the following manner, unless otherwise agreed by the
10spouses:
11        (1)(A) If marital and non-marital property are
12    commingled by one estate being contributed into the other,
13    the following shall apply:
14            (i) If the contributed property loses its
15        identity, the contributed property transmutes to the
16        estate receiving the property, subject to the
17        provisions of paragraph (2) of this subsection (c).
18            (ii) If the contributed property retains its
19        identity, it does not transmute and remains property of
20        the contributing estate.
21        (B) If marital and non-marital property are commingled
22    into newly acquired property resulting in a loss of
23    identity of the contributing estates, the commingled
24    property shall be deemed transmuted to marital property,
25    subject to the provisions of paragraph (2) of this
26    subsection (c).

 

 

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1        (2)(A) When one estate of property makes a contribution
2    to another estate of property, the contributing estate
3    shall be reimbursed from the estate receiving the
4    contribution notwithstanding any transmutation. No such
5    reimbursement shall be made with respect to a contribution
6    that is not traceable by clear and convincing evidence or
7    that was a gift. The court may provide for reimbursement
8    out of the marital property to be divided or by imposing a
9    lien against the non-marital property that received the
10    contribution.
11        (B) When a spouse contributes personal effort to
12    non-marital property, it shall be deemed a contribution
13    from the marital estate, which shall receive reimbursement
14    for the efforts if the efforts are significant and result
15    in substantial appreciation to the non-marital property
16    except that if the marital estate reasonably has been
17    compensated for his or her efforts, it shall not be deemed
18    a contribution to the marital estate and there shall be no
19    reimbursement to the marital estate. The court may provide
20    for reimbursement out of the marital property to be divided
21    or by imposing a lien against the non-marital property
22    which received the contribution.
23    (d) In a proceeding for dissolution of marriage or
24declaration of invalidity of marriage, or in a proceeding for
25disposition of property following dissolution of marriage by a
26court that lacked personal jurisdiction over the absent spouse

 

 

SB1261 Enrolled- 20 -LRB100 10927 HEP 21164 b

1or lacked jurisdiction to dispose of the property, the court
2shall assign each spouse's non-marital property to that spouse.
3It also shall divide the marital property without regard to
4marital misconduct in just proportions considering all
5relevant factors, including:
6        (1) each party's contribution to the acquisition,
7    preservation, or increase or decrease in value of the
8    marital or non-marital property, including (i) any
9    decrease attributable to an advance from the parties'
10    marital estate under subsection (c-1)(2) of Section 501;
11    (ii) the contribution of a spouse as a homemaker or to the
12    family unit; and (iii) whether the contribution is after
13    the commencement of a proceeding for dissolution of
14    marriage or declaration of invalidity of marriage;
15        (2) the dissipation by each party of the marital
16    property, provided that a party's claim of dissipation is
17    subject to the following conditions:
18            (i) a notice of intent to claim dissipation shall
19        be given no later than 60 days before trial or 30 days
20        after discovery closes, whichever is later;
21            (ii) the notice of intent to claim dissipation
22        shall contain, at a minimum, a date or period of time
23        during which the marriage began undergoing an
24        irretrievable breakdown, an identification of the
25        property dissipated, and a date or period of time
26        during which the dissipation occurred;

 

 

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1            (iii) a certificate or service of the notice of
2        intent to claim dissipation shall be filed with the
3        clerk of the court and be served pursuant to applicable
4        rules;
5            (iv) no dissipation shall be deemed to have
6        occurred prior to 3 years after the party claiming
7        dissipation knew or should have known of the
8        dissipation, but in no event prior to 5 years before
9        the filing of the petition for dissolution of marriage;
10        (3) the value of the property assigned to each spouse;
11        (4) the duration of the marriage;
12        (5) the relevant economic circumstances of each spouse
13    when the division of property is to become effective,
14    including the desirability of awarding the family home, or
15    the right to live therein for reasonable periods, to the
16    spouse having the primary residence of the children;
17        (6) any obligations and rights arising from a prior
18    marriage of either party;
19        (7) any prenuptial or postnuptial agreement of the
20    parties;
21        (8) the age, health, station, occupation, amount and
22    sources of income, vocational skills, employability,
23    estate, liabilities, and needs of each of the parties;
24        (9) the custodial provisions for any children;
25        (10) whether the apportionment is in lieu of or in
26    addition to maintenance;

 

 

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1        (11) the reasonable opportunity of each spouse for
2    future acquisition of capital assets and income; and
3        (12) the tax consequences of the property division upon
4    the respective economic circumstances of the parties.
5    (e) Each spouse has a species of common ownership in the
6marital property which vests at the time dissolution
7proceedings are commenced and continues only during the
8pendency of the action. Any such interest in marital property
9shall not encumber that property so as to restrict its
10transfer, assignment or conveyance by the title holder unless
11such title holder is specifically enjoined from making such
12transfer, assignment or conveyance.
13    (f) In a proceeding for dissolution of marriage or
14declaration of invalidity of marriage or in a proceeding for
15disposition of property following dissolution of marriage by a
16court that lacked personal jurisdiction over the absent spouse
17or lacked jurisdiction to dispose of the property, the court,
18in determining the value of the marital and non-marital
19property for purposes of dividing the property, has the
20discretion to use the date of the trial or such other date as
21agreed upon by the parties, or ordered by the court within its
22discretion, for purposes of determining the value of assets or
23property.
24    (g) The court if necessary to protect and promote the best
25interests of the children may set aside a portion of the
26jointly or separately held estates of the parties in a separate

 

 

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1fund or trust for the support, maintenance, education, physical
2and mental health, and general welfare of any minor, dependent,
3or incompetent child of the parties. In making a determination
4under this subsection, the court may consider, among other
5things, the conviction of a party of any of the offenses set
6forth in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
712-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-13, 12-14, 12-14.1,
812-15, or 12-16, or Section 12-3.05 except for subdivision
9(a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal
10Code of 2012 if the victim is a child of one or both of the
11parties, and there is a need for, and cost of, care, healing
12and counseling for the child who is the victim of the crime.
13    (h) Unless specifically directed by a reviewing court, or
14upon good cause shown, the court shall not on remand consider
15any increase or decrease in the value of any "marital" or
16"non-marital" property occurring since the assessment of such
17property at the original trial or hearing, but shall use only
18that assessment made at the original trial or hearing.
19    (i) The court may make such judgments affecting the marital
20property as may be just and may enforce such judgments by
21ordering a sale of marital property, with proceeds therefrom to
22be applied as determined by the court.
23    (j) After proofs have closed in the final hearing on all
24other issues between the parties (or in conjunction with the
25final hearing, if all parties so stipulate) and before judgment
26is entered, a party's petition for contribution to fees and

 

 

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1costs incurred in the proceeding shall be heard and decided, in
2accordance with the following provisions:
3        (1) A petition for contribution, if not filed before
4    the final hearing on other issues between the parties,
5    shall be filed no later than 14 days after the closing of
6    proofs in the final hearing or within such other period as
7    the court orders.
8        (2) Any award of contribution to one party from the
9    other party shall be based on the criteria for division of
10    marital property under this Section 503 and, if maintenance
11    has been awarded, on the criteria for an award of
12    maintenance under Section 504.
13        (3) The filing of a petition for contribution shall not
14    be deemed to constitute a waiver of the attorney-client
15    privilege between the petitioning party and current or
16    former counsel; and such a waiver shall not constitute a
17    prerequisite to a hearing for contribution. If either
18    party's presentation on contribution, however, includes
19    evidence within the scope of the attorney-client
20    privilege, the disclosure or disclosures shall be narrowly
21    construed and shall not be deemed by the court to
22    constitute a general waiver of the privilege as to matters
23    beyond the scope of the presentation.
24        (4) No finding on which a contribution award is based
25    or denied shall be asserted against counsel or former
26    counsel for purposes of any hearing under subsection (c) or

 

 

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1    (e) of Section 508.
2        (5) A contribution award (payable to either the
3    petitioning party or the party's counsel, or jointly, as
4    the court determines) may be in the form of either a set
5    dollar amount or a percentage of fees and costs (or a
6    portion of fees and costs) to be subsequently agreed upon
7    by the petitioning party and counsel or, alternatively,
8    thereafter determined in a hearing pursuant to subsection
9    (c) of Section 508 or previously or thereafter determined
10    in an independent proceeding under subsection (e) of
11    Section 508.
12        (6) The changes to this Section 503 made by this
13    amendatory Act of 1996 apply to cases pending on or after
14    June 1, 1997, except as otherwise provided in Section 508.
15    (k) In determining the value of assets or property under
16this Section, the court shall employ a fair market value
17standard. The date of valuation for the purposes of division of
18assets shall be the date of trial or such other date as agreed
19by the parties or ordered by the court, within its discretion.
20If the court grants a petition brought under Section 2-1401 of
21the Code of Civil Procedure, then the court has the discretion
22to use the date of the trial or such other date as agreed upon
23by the parties, or ordered by the court within its discretion,
24for purposes of determining the value of assets or property.
25    (l) The court may seek the advice of financial experts or
26other professionals, whether or not employed by the court on a

 

 

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1regular basis. The advice given shall be in writing and made
2available by the court to counsel. Counsel may examine as a
3witness any professional consulted by the court designated as
4the court's witness. Professional personnel consulted by the
5court are subject to subpoena for the purposes of discovery,
6trial, or both. The court shall allocate the costs and fees of
7those professional personnel between the parties based upon the
8financial ability of each party and any other criteria the
9court considers appropriate, and the allocation is subject to
10reallocation under subsection (a) of Section 508. Upon the
11request of any party or upon the court's own motion, the court
12may conduct a hearing as to the reasonableness of those fees
13and costs.
14    (m) The changes made to this Section by Public Act 97-941
15apply only to petitions for dissolution of marriage filed on or
16after January 1, 2013 (the effective date of Public Act
1797-941).
18    (n) If the court finds that a companion animal of the
19parties is a marital asset, it shall allocate the sole or joint
20ownership of and responsibility for a companion animal of the
21parties. In issuing an order under this subsection, the court
22shall take into consideration the well-being of the companion
23animal. As used in this Section, "companion animal" does not
24include a service animal as defined in Section 2.01c of the
25Humane Care for Animals Act.
26(Source: P.A. 99-78, eff. 7-20-15; 99-90, eff. 1-1-16; 99-763,

 

 

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1eff. 1-1-17.)