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Full Text of SB1261  100th General Assembly

SB1261sam004 100TH GENERAL ASSEMBLY

Sen. Linda Holmes

Filed: 4/4/2017

 

 


 

 


 
10000SB1261sam004LRB100 10927 HEP 24778 a

1
AMENDMENT TO SENATE BILL 1261

2    AMENDMENT NO. ______. Amend Senate Bill 1261, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Marriage and Dissolution of
6Marriage Act is amended by changing Sections 452, 501, 502, and
7503 as follows:
 
8    (750 ILCS 5/452)
9    Sec. 452. Petition. The parties to a dissolution proceeding
10may file a joint petition for simplified dissolution if they
11certify that all of the following conditions exist when the
12proceeding is commenced:
13        (a) Neither party is dependent on the other party for
14    support or each party is willing to waive the right to
15    support; and the parties understand that consultation with
16    attorneys may help them determine eligibility for spousal

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    agreement;
2        (5) any judgment or property obtained by judgment
3    awarded to a spouse from the other spouse except, however,
4    when a spouse is required to sue the other spouse in order
5    to obtain insurance coverage or otherwise recover from a
6    third party and the recovery is directly related to amounts
7    advanced by the marital estate, the judgment shall be
8    considered marital property;
9        (6) property acquired before the marriage, except as it
10    relates to retirement plans that may have both marital and
11    non-marital characteristics;
12        (6.5) all property acquired by a spouse by the sole use
13    of non-marital property as collateral for a loan that then
14    is used to acquire property during the marriage; to the
15    extent that the marital estate repays any portion of the
16    loan, it shall be considered a contribution from the
17    marital estate to the non-marital estate subject to
18    reimbursement;
19        (7) the increase in value of non-marital property,
20    irrespective of whether the increase results from a
21    contribution of marital property, non-marital property,
22    the personal effort of a spouse, or otherwise, subject to
23    the right of reimbursement provided in subsection (c) of
24    this Section; and
25        (8) income from property acquired by a method listed in
26    paragraphs (1) through (7) of this subsection if the income

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1jointly or separately held estates of the parties in a separate
2fund or trust for the support, maintenance, education, physical
3and mental health, and general welfare of any minor, dependent,
4or incompetent child of the parties. In making a determination
5under this subsection, the court may consider, among other
6things, the conviction of a party of any of the offenses set
7forth in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
812-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-13, 12-14, 12-14.1,
912-15, or 12-16, or Section 12-3.05 except for subdivision
10(a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal
11Code of 2012 if the victim is a child of one or both of the
12parties, and there is a need for, and cost of, care, healing
13and counseling for the child who is the victim of the crime.
14    (h) Unless specifically directed by a reviewing court, or
15upon good cause shown, the court shall not on remand consider
16any increase or decrease in the value of any "marital" or
17"non-marital" property occurring since the assessment of such
18property at the original trial or hearing, but shall use only
19that assessment made at the original trial or hearing.
20    (i) The court may make such judgments affecting the marital
21property as may be just and may enforce such judgments by
22ordering a sale of marital property, with proceeds therefrom to
23be applied as determined by the court.
24    (j) After proofs have closed in the final hearing on all
25other issues between the parties (or in conjunction with the
26final hearing, if all parties so stipulate) and before judgment

 

 

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

 

 

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1    counsel for purposes of any hearing under subsection (c) or
2    (e) of Section 508.
3        (5) A contribution award (payable to either the
4    petitioning party or the party's counsel, or jointly, as
5    the court determines) may be in the form of either a set
6    dollar amount or a percentage of fees and costs (or a
7    portion of fees and costs) to be subsequently agreed upon
8    by the petitioning party and counsel or, alternatively,
9    thereafter determined in a hearing pursuant to subsection
10    (c) of Section 508 or previously or thereafter determined
11    in an independent proceeding under subsection (e) of
12    Section 508.
13        (6) The changes to this Section 503 made by this
14    amendatory Act of 1996 apply to cases pending on or after
15    June 1, 1997, except as otherwise provided in Section 508.
16    (k) In determining the value of assets or property under
17this Section, the court shall employ a fair market value
18standard. The date of valuation for the purposes of division of
19assets shall be the date of trial or such other date as agreed
20by the parties or ordered by the court, within its discretion.
21If the court grants a petition brought under Section 2-1401 of
22the Code of Civil Procedure, then the court has the discretion
23to use the date of the trial or such other date as agreed upon
24by the parties, or ordered by the court within its discretion,
25for purposes of determining the value of assets or property.
26    (l) The court may seek the advice of financial experts or

 

 

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1other professionals, whether or not employed by the court on a
2regular basis. The advice given shall be in writing and made
3available by the court to counsel. Counsel may examine as a
4witness any professional consulted by the court designated as
5the court's witness. Professional personnel consulted by the
6court are subject to subpoena for the purposes of discovery,
7trial, or both. The court shall allocate the costs and fees of
8those professional personnel between the parties based upon the
9financial ability of each party and any other criteria the
10court considers appropriate, and the allocation is subject to
11reallocation under subsection (a) of Section 508. Upon the
12request of any party or upon the court's own motion, the court
13may conduct a hearing as to the reasonableness of those fees
14and costs.
15    (m) The changes made to this Section by Public Act 97-941
16apply only to petitions for dissolution of marriage filed on or
17after January 1, 2013 (the effective date of Public Act
1897-941).
19    (n) If the court finds that a companion animal of the
20parties is a marital asset, it shall allocate the sole or joint
21ownership of and responsibility for a companion animal of the
22parties. In issuing an order under this subsection, the court
23shall take into consideration the well-being of the companion
24animal.
25(Source: P.A. 99-78, eff. 7-20-15; 99-90, eff. 1-1-16; 99-763,
26eff. 1-1-17.)".