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(750 ILCS 5/503)
(from Ch. 40, par. 503)
Disposition of property and debts.
(a) For purposes of this Act, "marital property" means all property, including debts and other obligations, 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 or
property acquired in exchange for such property;
(2) property acquired in exchange for property
acquired before the marriage;
(3) property acquired by a spouse after a judgment of
(4) property excluded by valid agreement of the
parties, including a premarital agreement or a postnuptial agreement;
(5) any judgment or property obtained by judgment
awarded to a spouse from the other spouse except, however, when a spouse is required to sue the other spouse in order to obtain insurance coverage or otherwise recover from a third party and the recovery is directly related to amounts advanced by the marital estate, the judgment shall be considered marital property;
(6) property acquired before the marriage, except as
it relates to retirement plans that may have both marital and non-marital characteristics;
(6.5) all property acquired by a spouse by the sole
use of non-marital property as collateral for a loan that then is used to acquire property during the marriage; to the extent that the marital estate repays any portion of the loan, it shall be considered a contribution from the marital estate to the non-marital estate subject to reimbursement;
(7) the increase in value of non-marital property,
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.
Property acquired prior to a marriage that would otherwise be non-marital property shall not be deemed to be marital property solely because the property was acquired in contemplation of marriage.
The court shall make specific factual findings as to its classification of assets as marital or non-marital property, values, and other factual findings supporting its property award.
(b)(1) For purposes of distribution of property, all property acquired by either spouse after the marriage and before a
judgment of dissolution of marriage or declaration of invalidity of marriage is presumed marital property. This presumption includes non-marital property transferred into some form of co-ownership
between the spouses, 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 showing through clear and convincing evidence that
the property was acquired by a method listed in subsection (a) of this Section or was done for estate or tax planning purposes or for other reasons that establish that a transfer between spouses was not intended to be a gift.
(2) For purposes of distribution of property pursuant to this Section,
all pension benefits (including pension benefits under the Illinois Pension
Code, defined benefit plans, defined contribution plans and accounts, individual retirement accounts, and non-qualified plans) acquired by or participated in by either spouse after the marriage and before a judgment of
dissolution of marriage or legal separation or declaration of invalidity of the marriage are
presumed to be marital property. A spouse may overcome the presumption that these pension benefits are marital property
by showing through clear and convincing evidence 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 and restricted stock or similar form of benefit granted to either spouse after the marriage and before a judgment of
dissolution of marriage or legal separation 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 or restricted stock or similar form of benefit were acquired by a method listed in subsection
(a) of this Section. The court shall allocate stock options and restricted stock or similar form of benefit 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 and restricted stock or similar form of benefit 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 and restricted stock or similar form of benefit including but not limited to the vesting schedule, whether the grant was for past, present, or future efforts, whether the grant is designed to promote future performance or employment, 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 existing 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)(A) If marital and non-marital property are
commingled by one estate being contributed into the other, the following shall apply:
(i) If the contributed property loses its
identity, the contributed property transmutes to the estate receiving the property, subject to the provisions of paragraph (2) of this subsection (c).
(ii) If the contributed property retains its
identity, it does not transmute and remains property of the contributing estate.
(B) 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 (c).
(2)(A) When one estate of property makes a
contribution to another estate of property, the contributing estate shall be reimbursed from the estate receiving the contribution notwithstanding any transmutation. No such reimbursement shall be made with respect to a contribution that is not traceable by clear and convincing evidence or that was a gift. The court may provide for reimbursement out of the marital property to be divided or by imposing a lien against the non-marital property that received the contribution.
(B) When a spouse contributes personal effort to
non-marital property, it shall be deemed a contribution from the marital estate, which shall receive reimbursement for the efforts if the efforts are significant and result in substantial appreciation to the non-marital property except that if the marital estate reasonably has been compensated for his or her efforts, it shall not be deemed a contribution to the marital estate and there shall be no reimbursement to 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 that 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) each party's contribution to the acquisition,
preservation, or increase or decrease in value of the marital or non-marital property, including (i) any decrease attributable to an advance from the parties' marital estate under subsection (c-1)(2) of Section 501; (ii) the contribution of a spouse as a homemaker or to the family unit; and (iii) whether the contribution is after the commencement of a proceeding for dissolution of marriage or declaration of invalidity of marriage;
(2) the dissipation by each party of the 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) a certificate or service of 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 3 years after the party claiming dissipation knew or should have known of the dissipation, but in no event prior to 5 years before the filing of the petition for dissolution of marriage;
(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 the primary residence of the children;
(6) any obligations and rights arising from a prior
marriage of either party;
(7) any prenuptial or postnuptial agreement of the
(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, has the discretion to use the date of the trial or such other date as agreed upon by the parties, or ordered by the court within its discretion, for purposes of determining the value of assets or property.
(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 14 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.
(k) In determining the value of assets or property under this Section, the court shall employ a fair market value standard. The date of valuation for the purposes of division of assets shall be the date of trial or such other date as agreed by the parties or ordered by the court, within its discretion. If the court grants a petition brought under Section 2-1401 of the Code of Civil Procedure, then the court has the discretion to use the date of the trial or such other date as agreed upon by the parties, or ordered by the court within its discretion, for purposes of determining the value of assets or property.
(l) The court may seek the advice of financial experts or other professionals, whether or not employed by the court on a regular basis. The advice given shall be in writing and made available by the court to counsel. Counsel may examine as a witness any professional consulted by the court designated as the court's witness. Professional personnel consulted by the court are subject to subpoena for the purposes of discovery, trial, or both. The court shall allocate the costs and fees of those professional personnel between the parties based upon the financial ability of each party and any other criteria the court considers appropriate, and the allocation is subject to reallocation under subsection (a) of Section 508. Upon the request of any party or upon the court's own motion, the court may conduct a hearing as to the reasonableness of those fees and costs.
(m) The changes made to this Section by Public Act 97-941 apply only to petitions for dissolution of marriage filed on or after January 1, 2013 (the effective date of Public Act 97-941).
(Source: P.A. 99-78, eff. 7-20-15; 99-90, eff. 1-1-16; 99-763, eff. 1-1-17