(750 ILCS 5/503)
(from Ch. 40, par. 503)
Disposition of property.
(a) For purposes of this Act, "marital property" means all property acquired
by either spouse subsequent to the marriage, except the following, which is
known as "non-marital property":
(1) property acquired by gift, legacy or descent;
(2) property acquired in exchange for property
acquired before the marriage or in exchange for property acquired by gift, legacy or descent;
(3) property acquired by a spouse after a judgment of
(4) property excluded by valid agreement of the
(5) any judgment or property obtained by judgment
awarded to a spouse from the other spouse;
(6) property acquired before the marriage;
(7) the increase in value of property acquired by a
method listed in paragraphs (1) through (6) of this subsection, irrespective of whether the increase results from a contribution of marital property, non-marital property, the personal effort of a spouse, or otherwise, subject to the right of reimbursement provided in subsection (c) of this Section; and
(8) income from property acquired by a method listed
in paragraphs (1) through (7) of this subsection if the income is not attributable to the personal effort of a spouse.
(b)(1) For purposes of distribution of property pursuant to this
Section, all property acquired by either spouse after the marriage and before a
judgment of dissolution of marriage or declaration of invalidity of marriage,
including non-marital property transferred into some form of co-ownership
between the spouses, is presumed to be marital property, regardless of whether
title is held individually or by the spouses in some form of co-ownership such
as joint tenancy, tenancy in common, tenancy by the entirety, or community
property. The presumption of marital property is overcome by a showing that
the property was acquired by a method listed in subsection (a) of this Section.
(2) For purposes of distribution of property pursuant to this Section,
all pension benefits (including pension benefits under the Illinois Pension
Code) acquired by either spouse after the marriage and before a judgment of
dissolution of marriage or declaration of invalidity of the marriage are
presumed to be marital property, regardless of which spouse participates in the
pension plan. The presumption that these pension benefits are marital property
is overcome by a showing that the pension benefits were acquired by a method
listed in subsection (a) of this Section. The right to a division of pension
benefits in just proportions under this Section is enforceable under Section
1-119 of the Illinois Pension Code.
The value of pension benefits in a retirement system subject to the Illinois
Pension Code shall be determined in accordance with the valuation procedures
established by the retirement system.
The recognition of pension benefits as marital property and the division of
those benefits pursuant to a Qualified Illinois Domestic Relations Order shall
not be deemed to be a diminishment, alienation, or impairment of those
benefits. The division of pension benefits is an allocation of property in
which each spouse has a species of common ownership.
(3) For purposes of distribution of property under this Section, all stock
options granted to either spouse after the marriage and before a judgment of
dissolution of marriage or declaration of invalidity of marriage, whether
vested or non-vested or whether their value is ascertainable, are presumed to
be marital property. This presumption of marital property is overcome by a
showing that the stock options were acquired by a method listed in subsection
(a) of this Section. The court shall allocate stock options between the
parties at the time of the judgment of dissolution of marriage or declaration
of invalidity of marriage recognizing that the value of the stock options may
not be then determinable and that the actual division of the options may not
occur until a future date. In making the allocation between the parties, the
court shall consider, in addition to the factors set forth in subsection (d) of
this Section, the following:
(i) All circumstances underlying the grant of the
stock option including but not limited to whether the grant was for past, present, or future efforts, or any combination thereof.
(ii) The length of time from the grant of the option
to the time the option is exercisable.
(b-5) As to any policy of life insurance insuring the life of either spouse, or any interest in such policy, that constitutes marital property, whether whole life, term life, group term life, universal life, or other form of life
insurance policy, and whether or not the value is ascertainable, the court shall allocate ownership, death benefits or the
right to assign death benefits, and the obligation for premium payments, if any, equitably between the parties at the
time of the judgment for dissolution or declaration of invalidity of marriage.
(c) Commingled marital and non-marital property shall be treated in
the following manner, unless otherwise agreed by the spouses:
(1) When marital and non-marital property are
commingled by contributing one estate of property into another resulting in a loss of identity of the contributed property, the classification of the contributed property is transmuted to the estate receiving the contribution, subject to the provisions of paragraph (2) of this subsection; provided that if marital and non-marital property are commingled into newly acquired property resulting in a loss of identity of the contributing estates, the commingled property shall be deemed transmuted to marital property, subject to the provisions of paragraph (2) of this subsection.
(2) When one estate of property makes a contribution
to another estate of property, or when a spouse contributes personal effort to non-marital property, the contributing estate shall be reimbursed from the estate receiving the contribution notwithstanding any transmutation; provided, that no such reimbursement shall be made with respect to a contribution which is not retraceable by clear and convincing evidence, or was a gift, or, in the case of a contribution of personal effort of a spouse to non-marital property, unless the effort is significant and results in substantial appreciation of the non-marital property. Personal effort of a spouse shall be deemed a contribution by the marital estate. The court may provide for reimbursement out of the marital property to be divided or by imposing a lien against the non-marital property which received the contribution.
(d) In a proceeding for dissolution of marriage or declaration of invalidity
of marriage, or in a proceeding for disposition of property following
dissolution of marriage by a court which lacked personal jurisdiction over the
absent spouse or lacked jurisdiction to dispose of the property, the court
shall assign each spouse's non-marital property to that spouse. It also shall
divide the marital property without regard to marital misconduct in just
proportions considering all relevant factors, including:
(1) the contribution of each party to the
acquisition, preservation, or increase or decrease in value of the marital or non-marital property, including (i) any such decrease attributable to a payment deemed to have been an advance from the parties' marital estate under subsection (c-1)(2) of Section 501 and (ii) the contribution of a spouse as a homemaker or to the family unit;
(2) the dissipation by each party of the marital or
non-marital property, provided that a party's claim of dissipation is subject to the following conditions:
(i) a notice of intent to claim dissipation shall
be given no later than 60 days before trial or 30 days after discovery closes, whichever is later;
(ii) the notice of intent to claim dissipation
shall contain, at a minimum, a date or period of time during which the marriage began undergoing an irretrievable breakdown, an identification of the property dissipated, and a date or period of time during which the dissipation occurred;
(iii) the notice of intent to claim dissipation
shall be filed with the clerk of the court and be served pursuant to applicable rules;
(iv) no dissipation shall be deemed to have
occurred prior to 5 years before the filing of the petition for dissolution of marriage, or 3 years after the party claiming dissipation knew or should have known of the dissipation;
(3) the value of the property assigned to each spouse;
(4) the duration of the marriage;
(5) the relevant economic circumstances of each
spouse when the division of property is to become effective, including the desirability of awarding the family home, or the right to live therein for reasonable periods, to the spouse having custody of the children;
(6) any obligations and rights arising from a prior
marriage of either party;
(7) any antenuptial agreement of the parties;
(8) the age, health, station, occupation, amount and
sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties;
(9) the custodial provisions for any children;
(10) whether the apportionment is in lieu of or in
(11) the reasonable opportunity of each spouse for
future acquisition of capital assets and income; and
(12) the tax consequences of the property division
upon the respective economic circumstances of the parties.
(e) Each spouse has a species of common ownership in the marital property
which vests at the time dissolution proceedings are commenced and continues
only during the pendency of the action. Any such interest in marital property
shall not encumber that property so as to restrict its transfer, assignment
or conveyance by the title holder unless such title holder is specifically
enjoined from making such transfer, assignment or conveyance.
(f) In a proceeding for dissolution of marriage or declaration of
invalidity of marriage or in a proceeding for disposition of property
following dissolution of marriage by a court that lacked personal
jurisdiction over the absent spouse or lacked jurisdiction to dispose of
the property, the court, in determining the value of the marital and
non-marital property for purposes of dividing the property, shall value the
property as of the date of trial or some other date as close to the date
of trial as is practicable.
(g) The court if necessary to protect and promote the best interests of the
children may set aside a portion of the jointly or separately held
estates of the parties in a separate fund or trust for the support,
maintenance, education, physical and mental health, and general welfare of any minor, dependent,
or incompetent child of the parties. In making a determination under this
subsection, the court may consider, among other things, the conviction of a
party of any of the offenses set forth in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.3, 12-4, 12-4.1,
12-13, 12-14, 12-14.1, 12-15, or 12-16, or Section 12-3.05 except for subdivision (a)(4) or (g)(1), of the Criminal Code of 1961 or the Criminal Code of 2012 if the
victim is a
child of one or both of the parties, and there is a need for, and cost of,
care, healing and counseling for the child who is the victim of the crime.
(h) Unless specifically directed by a reviewing court, or upon good
cause shown, the court shall not on remand consider any increase or
decrease in the value of any "marital" or "non-marital" property occurring
since the assessment of such property at the original trial or hearing, but
shall use only that assessment made at the original trial or hearing.
(i) The court may make such judgments affecting the marital property
as may be just and may enforce such judgments by ordering a sale of marital
property, with proceeds therefrom to be applied as determined by the court.
(j) After proofs have closed in the final hearing on all other issues
between the parties (or in conjunction with the final hearing, if all parties
so stipulate) and before judgment is entered, a party's petition for
contribution to fees and costs incurred in the proceeding shall be heard and
decided, in accordance with the following provisions:
(1) A petition for contribution, if not filed before
the final hearing on other issues between the parties, shall be filed no later than 30 days after the closing of proofs in the final hearing or within such other period as the court orders.
(2) Any award of contribution to one party from the
other party shall be based on the criteria for division of marital property under this Section 503 and, if maintenance has been awarded, on the criteria for an award of maintenance under Section 504.
(3) The filing of a petition for contribution shall
not be deemed to constitute a waiver of the attorney-client privilege between the petitioning party and current or former counsel; and such a waiver shall not constitute a prerequisite to a hearing for contribution. If either party's presentation on contribution, however, includes evidence within the scope of the attorney-client privilege, the disclosure or disclosures shall be narrowly construed and shall not be deemed by the court to constitute a general waiver of the privilege as to matters beyond the scope of the presentation.
(4) No finding on which a contribution award is based
or denied shall be asserted against counsel or former counsel for purposes of any hearing under subsection (c) or (e) of Section 508.
(5) A contribution award (payable to either the
petitioning party or the party's counsel, or jointly, as the court determines) may be in the form of either a set dollar amount or a percentage of fees and costs (or a portion of fees and costs) to be subsequently agreed upon by the petitioning party and counsel or, alternatively, thereafter determined in a hearing pursuant to subsection (c) of Section 508 or previously or thereafter determined in an independent proceeding under subsection (e) of Section 508.
(6) The changes to this Section 503 made by this
amendatory Act of 1996 apply to cases pending on or after June 1, 1997, except as otherwise provided in Section 508.
The changes made to this Section by this amendatory Act of the 97th General Assembly apply only to petitions for dissolution of marriage filed on or after the effective date of this amendatory Act of the 97th General Assembly.
(Source: P.A. 96-583, eff. 1-1-10; 96-1551, Article 1, Section 985, eff. 7-1-11; 96-1551, Article 2, Section 1100, eff. 7-1-11; 97-608, eff. 1-1-12; 97-941, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)