Illinois General Assembly - Full Text of SB1261
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB1261  100th General Assembly

SB1261sam001 100TH GENERAL ASSEMBLY

Sen. Linda Holmes

Filed: 3/1/2017

 

 


 

 


 
10000SB1261sam001LRB100 10927 HEP 21930 a

1
AMENDMENT TO SENATE BILL 1261

2    AMENDMENT NO. ______. Amend Senate Bill 1261 by replacing
3everything after the enacting clause with the following:
 
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.

 

 

10000SB1261sam001- 2 -LRB100 10927 HEP 21930 a

1        (b) Either party has met the residency or military
2    presence requirement of Section 401 of this Act.
3        (c) The requirements of Section 401 regarding proof of
4    irreconcilable differences have been met.
5        (d) No children were born of the relationship of the
6    parties or adopted by the parties during the marriage, and
7    the wife, to her knowledge, is not pregnant by the husband.
8        (e) The duration of the marriage does not exceed 8
9    years.
10        (f) Neither party has any interest in real property or
11    retirement benefits unless the retirement benefits are
12    exclusively held in individual retirement accounts and the
13    combined value of the accounts is less than $10,000.
14        (g) The parties waive any rights to maintenance.
15        (h) The total fair market value of all marital
16    property, after deducting all encumbrances, is less than
17    $50,000, the combined gross annualized income from all
18    sources is less than $60,000, and neither party has a gross
19    annualized income from all sources in excess of $30,000.
20        (i) The parties have disclosed to each other all assets
21    and liabilities and their tax returns for all years of the
22    marriage.
23        (j) The parties have executed a written agreement
24    dividing all assets in excess of $100 in value and
25    allocating responsibility for debts and liabilities
26    between the parties.

 

 

10000SB1261sam001- 3 -LRB100 10927 HEP 21930 a

1        (k) The parties have executed a written agreement
2    allocating ownership of and responsibility for any
3    domestic animals owned by the parties.
4(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
 
5    (750 ILCS 5/501)  (from Ch. 40, par. 501)
6    Sec. 501. Temporary relief. In all proceedings under this
7Act, temporary relief shall be as follows:
8    (a) Either party may petition or move for:
9        (1) temporary maintenance or temporary support of a
10    child of the marriage entitled to support, accompanied by
11    an affidavit as to the factual basis for the relief
12    requested. One form of financial affidavit, as determined
13    by the Supreme Court, shall be used statewide. The
14    financial affidavit shall be supported by documentary
15    evidence including, but not limited to, income tax returns,
16    pay stubs, and banking statements. Unless the court
17    otherwise directs, any affidavit or supporting documentary
18    evidence submitted pursuant to this paragraph shall not be
19    made part of the public record of the proceedings but shall
20    be available to the court or an appellate court in which
21    the proceedings are subject to review, to the parties,
22    their attorneys, and such other persons as the court may
23    direct. Upon motion of a party, a court may hold a hearing
24    to determine whether and why there is a disparity between a
25    party's sworn affidavit and the supporting documentation.

 

 

10000SB1261sam001- 4 -LRB100 10927 HEP 21930 a

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

 

 

10000SB1261sam001- 5 -LRB100 10927 HEP 21930 a

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

 

 

10000SB1261sam001- 6 -LRB100 10927 HEP 21930 a

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

 

 

10000SB1261sam001- 7 -LRB100 10927 HEP 21930 a

1    factors, as presented, that appear reasonable and
2    necessary, including to the extent applicable:
3            (A) the income and property of each party,
4        including alleged marital property within the sole
5        control of one party and alleged non-marital property
6        within access to a party;
7            (B) the needs of each party;
8            (C) the realistic earning capacity of each party;
9            (D) any impairment to present earning capacity of
10        either party, including age and physical and emotional
11        health;
12            (E) the standard of living established during the
13        marriage;
14            (F) the degree of complexity of the issues,
15        including allocation of parental responsibility,
16        valuation or division (or both) of closely held
17        businesses, and tax planning, as well as reasonable
18        needs for expert investigations or expert witnesses,
19        or both;
20            (G) each party's access to relevant information;
21            (H) the amount of the payment or payments made or
22        reasonably expected to be made to the attorney for the
23        other party; and
24            (I) any other factor that the court expressly finds
25        to be just and equitable.
26        (2) Any assessment of an interim award (including one

 

 

10000SB1261sam001- 8 -LRB100 10927 HEP 21930 a

1    pursuant to an agreed order) shall be without prejudice to
2    any final allocation and without prejudice as to any claim
3    or right of either party or any counsel of record at the
4    time of the award. Any such claim or right may be presented
5    by the appropriate party or counsel at a hearing on
6    contribution under subsection (j) of Section 503 or a
7    hearing on counsel's fees under subsection (c) of Section
8    508. Unless otherwise ordered by the court at the final
9    hearing between the parties or in a hearing under
10    subsection (j) of Section 503 or subsection (c) of Section
11    508, interim awards, as well as the aggregate of all other
12    payments by each party to counsel and related payments to
13    third parties, shall be deemed to have been advances from
14    the parties' marital estate. Any portion of any interim
15    award constituting an overpayment shall be remitted back to
16    the appropriate party or parties, or, alternatively, to
17    successor counsel, as the court determines and directs,
18    after notice in a form designated by the Supreme Court. An
19    order for the award of interim attorney's fees shall be a
20    standardized form order and labeled "Interim Fee Award
21    Order".
22        (3) In any proceeding under this subsection (c-1), the
23    court (or hearing officer) shall assess an interim award
24    against an opposing party in an amount necessary to enable
25    the petitioning party to participate adequately in the
26    litigation, upon findings that the party from whom

 

 

10000SB1261sam001- 9 -LRB100 10927 HEP 21930 a

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

 

 

10000SB1261sam001- 10 -LRB100 10927 HEP 21930 a

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

 

 

10000SB1261sam001- 11 -LRB100 10927 HEP 21930 a

1the temporary allocation of sole or joint ownership of and
2responsibility for a domestic animal owned by the parties. In
3issuing an order under this subsection, the court shall take
4into consideration the well-being of the domestic animal.
5(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
 
6    (750 ILCS 5/502)  (from Ch. 40, par. 502)
7    Sec. 502. Agreement.
8    (a) To promote amicable settlement of disputes between
9parties to a marriage attendant upon the dissolution of their
10marriage, the parties may enter into an agreement containing
11provisions for disposition of any property owned by either of
12them, maintenance of either of them, support, parental
13responsibility allocation of their children, and support of
14their children as provided in Sections 513 and 513.5 after the
15children attain majority. The parties may also enter into an
16agreement allocating the sole or joint ownership of or
17responsibility for a domestic animal. Any agreement pursuant to
18this Section must be in writing, except for good cause shown
19with the approval of the court, before proceeding to an oral
20prove up.
21    (b) The terms of the agreement, except those providing for
22the support and parental responsibility allocation of
23children, are binding upon the court unless it finds, after
24considering the economic circumstances of the parties and any
25other relevant evidence produced by the parties, on their own

 

 

10000SB1261sam001- 12 -LRB100 10927 HEP 21930 a

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

 

 

10000SB1261sam001- 13 -LRB100 10927 HEP 21930 a

1maintenance is non-modifiable in amount, duration, or both,
2then those terms are modifiable upon a substantial change of
3circumstances. Property provisions of an agreement are never
4modifiable. The judgment may expressly preclude or limit
5modification of other terms set forth in the judgment if the
6agreement so provides. Otherwise, terms of an agreement set
7forth in the judgment are automatically modified by
8modification of the judgment.
9(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
 
10    (750 ILCS 5/503)  (from Ch. 40, par. 503)
11    Sec. 503. Disposition of property and debts.
12    (a) For purposes of this Act, "marital property" means all
13property, including debts and other obligations, acquired by
14either spouse subsequent to the marriage, except the following,
15which is known as "non-marital property":
16        (1) property acquired by gift, legacy or descent or
17    property acquired in exchange for such property;
18        (2) property acquired in exchange for property
19    acquired before the marriage;
20        (3) property acquired by a spouse after a judgment of
21    legal separation;
22        (4) property excluded by valid agreement of the
23    parties, including a premarital agreement or a postnuptial
24    agreement;
25        (5) any judgment or property obtained by judgment

 

 

10000SB1261sam001- 14 -LRB100 10927 HEP 21930 a

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

 

 

10000SB1261sam001- 15 -LRB100 10927 HEP 21930 a

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

 

 

10000SB1261sam001- 16 -LRB100 10927 HEP 21930 a

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

 

 

10000SB1261sam001- 17 -LRB100 10927 HEP 21930 a

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

 

 

10000SB1261sam001- 18 -LRB100 10927 HEP 21930 a

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

 

 

10000SB1261sam001- 19 -LRB100 10927 HEP 21930 a

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

 

 

10000SB1261sam001- 20 -LRB100 10927 HEP 21930 a

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

 

 

10000SB1261sam001- 21 -LRB100 10927 HEP 21930 a

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

 

 

10000SB1261sam001- 22 -LRB100 10927 HEP 21930 a

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

 

 

10000SB1261sam001- 23 -LRB100 10927 HEP 21930 a

1and mental health, and general welfare of any minor, dependent,
2or incompetent child of the parties. In making a determination
3under this subsection, the court may consider, among other
4things, the conviction of a party of any of the offenses set
5forth in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
612-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-13, 12-14, 12-14.1,
712-15, or 12-16, or Section 12-3.05 except for subdivision
8(a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal
9Code of 2012 if the victim is a child of one or both of the
10parties, and there is a need for, and cost of, care, healing
11and counseling for the child who is the victim of the crime.
12    (h) Unless specifically directed by a reviewing court, or
13upon good cause shown, the court shall not on remand consider
14any increase or decrease in the value of any "marital" or
15"non-marital" property occurring since the assessment of such
16property at the original trial or hearing, but shall use only
17that assessment made at the original trial or hearing.
18    (i) The court may make such judgments affecting the marital
19property as may be just and may enforce such judgments by
20ordering a sale of marital property, with proceeds therefrom to
21be applied as determined by the court.
22    (j) After proofs have closed in the final hearing on all
23other issues between the parties (or in conjunction with the
24final hearing, if all parties so stipulate) and before judgment
25is entered, a party's petition for contribution to fees and
26costs incurred in the proceeding shall be heard and decided, in

 

 

10000SB1261sam001- 24 -LRB100 10927 HEP 21930 a

1accordance with the following provisions:
2        (1) A petition for contribution, if not filed before
3    the final hearing on other issues between the parties,
4    shall be filed no later than 14 days after the closing of
5    proofs in the final hearing or within such other period as
6    the court orders.
7        (2) Any award of contribution to one party from the
8    other party shall be based on the criteria for division of
9    marital property under this Section 503 and, if maintenance
10    has been awarded, on the criteria for an award of
11    maintenance under Section 504.
12        (3) The filing of a petition for contribution shall not
13    be deemed to constitute a waiver of the attorney-client
14    privilege between the petitioning party and current or
15    former counsel; and such a waiver shall not constitute a
16    prerequisite to a hearing for contribution. If either
17    party's presentation on contribution, however, includes
18    evidence within the scope of the attorney-client
19    privilege, the disclosure or disclosures shall be narrowly
20    construed and shall not be deemed by the court to
21    constitute a general waiver of the privilege as to matters
22    beyond the scope of the presentation.
23        (4) No finding on which a contribution award is based
24    or denied shall be asserted against counsel or former
25    counsel for purposes of any hearing under subsection (c) or
26    (e) of Section 508.

 

 

10000SB1261sam001- 25 -LRB100 10927 HEP 21930 a

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

 

 

10000SB1261sam001- 26 -LRB100 10927 HEP 21930 a

1available by the court to counsel. Counsel may examine as a
2witness any professional consulted by the court designated as
3the court's witness. Professional personnel consulted by the
4court are subject to subpoena for the purposes of discovery,
5trial, or both. The court shall allocate the costs and fees of
6those professional personnel between the parties based upon the
7financial ability of each party and any other criteria the
8court considers appropriate, and the allocation is subject to
9reallocation under subsection (a) of Section 508. Upon the
10request of any party or upon the court's own motion, the court
11may conduct a hearing as to the reasonableness of those fees
12and costs.
13    (m) The changes made to this Section by Public Act 97-941
14apply only to petitions for dissolution of marriage filed on or
15after January 1, 2013 (the effective date of Public Act
1697-941).
17    (n) The court shall allocate the sole or joint ownership of
18and responsibility for a domestic animal of the parties. In
19issuing an order under this subsection, the court shall take
20into consideration the well-being of the domestic animal.
21(Source: P.A. 99-78, eff. 7-20-15; 99-90, eff. 1-1-16; 99-763,
22eff. 1-1-17.)".