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|[ Introduced ]||[ Engrossed ]||[ Senate Amendment 001 ]|
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90_HB1612enr 750 ILCS 5/452 Amends the Illinois Marriage and Dissolution of Marriage Act. Changes some of the requirements that must be met by parties seeking a joint simplified dissolution. Requires that the duration of the marriage does not exceed 5 (rather than 8) years, that the total fair market value of all marital property after deducting all encumbrances is less than $10,000 (rather than $5,000), and that the parties' combined gross annualized income is less than $35,000 (rather than $25,000). Adds a requirement that neither party has a gross annualized income in excess of $20,000. LRB9003937WHmg HB1612 Enrolled LRB9003937WHmg 1 AN ACT in relation to marital property, amending named 2 Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Pension Code is amended by 6 adding Section 1-119 as follows: 7 (40 ILCS 5/1-119 new) 8 Sec. 1-119. Qualified Illinois Domestic Relations 9 Orders. 10 (a) For the purposes of this Section: 11 (1) "Alternate payee" means the spouse, former 12 spouse, child, or other dependent of a member, as 13 designated in a QILDRO. 14 (2) "Death benefit" means any nonperiodic benefit 15 payable upon the death of a member to a survivor of the 16 member or to the member's estate or designated 17 beneficiary, including any refund of contributions 18 following the member's death, whether or not the benefit 19 is so called under the applicable Article of this Code. 20 (3) "Disability benefit" means any periodic or 21 nonperiodic benefit payable to a disabled member based on 22 occupational or nonoccupational disability or disease, 23 including any periodic or nonperiodic increases in the 24 benefit, whether or not the benefit is so called under 25 the applicable Article of this Code. 26 (4) "Member" means any person who participates in 27 or has service credits in a retirement system, including 28 a person who is receiving or is eligible to receive a 29 retirement or disability benefit, without regard to 30 whether the person has withdrawn from service. 31 (5) "Member's refund" means a return of all or a HB1612 Enrolled -2- LRB9003937WHmg 1 portion of a member's contributions that is elected by 2 the member (or provided by operation of law) and is 3 payable before the member's death. 4 (6) "Qualified Illinois Domestic Relations Order" 5 or "QILDRO" means an Illinois court order that creates or 6 recognizes the existence of an alternate payee's right to 7 receive all or a portion of a member's accrued benefits 8 in a retirement system, is issued pursuant to this 9 Section and Section 503(b)(2) of the Illinois Marriage 10 and Dissolution of Marriage Act, and meets the 11 requirements of this Section. A QILDRO is not the same 12 as a qualified domestic relations order or QDRO issued 13 pursuant to Section 414(p) of the Internal Revenue Code 14 of 1986. The requirements of paragraphs (2) and (3) of 15 that Section do not apply to orders issued under this 16 Section and shall not be deemed a guide to the 17 interpretation of this Section; a QILDRO is intended to 18 be a domestic relations order within the meaning of 19 paragraph (11) of that Section. 20 (7) "Regular payee" means the person to whom a 21 benefit would be payable in the absence of an effective 22 QILDRO. 23 (8) "Retirement benefit" means any periodic or 24 nonperiodic benefit payable to a retired member based on 25 age or service, or on the amounts accumulated to the 26 credit of the member for retirement purposes, including 27 any periodic or nonperiodic increases in the benefit, 28 whether or not the benefit is so called under the 29 applicable Article of this Code. 30 (9) "Retirement system" or "system" means any 31 retirement system, pension fund, or other public employee 32 retirement benefit plan that is maintained or established 33 under any of Articles 2 through 18 of this Code. 34 (10) "Surviving spouse" means the spouse of a HB1612 Enrolled -3- LRB9003937WHmg 1 member at the time of the member's death. 2 (11) "Survivor's benefit" means any periodic 3 benefit payable to a surviving spouse, child, parent, or 4 other survivor of a deceased member, including any 5 periodic or nonperiodic increases in the benefit, whether 6 or not the benefit is so called under the applicable 7 Article of this Code. 8 (b) (1) An Illinois court of competent jurisdiction in a 9 proceeding for declaration of invalidity of marriage, legal 10 separation, or dissolution of marriage that provides for the 11 distribution of property, or any proceeding to amend or 12 enforce such a property distribution, may order that all or 13 any part of any (i) retirement benefit or (ii) member's 14 refund payable to or on behalf of the member be instead paid 15 by the retirement system to a designated alternate payee. 16 (2) An order issued under this Section provides only for 17 the diversion to an alternate payee of certain benefits 18 otherwise payable by the retirement system under the 19 provisions of this Code. The existence of a QILDRO shall not 20 cause the retirement system to pay any benefit, or any amount 21 of benefit, to an alternate payee that would not have been 22 payable by the system to a regular payee in the absence of 23 the QILDRO. 24 (3) A QILDRO shall not affect the vesting, accrual, or 25 amount of any benefit, nor the date or conditions upon which 26 any benefit becomes payable, nor the right of the member or 27 the member's survivors to make any election otherwise 28 authorized under this Code, except as provided in subsections 29 (i) and (j). 30 (4) A QILDRO shall not apply to or affect the payment of 31 any survivor's benefit, death benefit, disability benefit, 32 life insurance benefit, or health insurance benefit. 33 (c) (1) A QILDRO must contain the name, residence 34 address, and social security number of the member and of the HB1612 Enrolled -4- LRB9003937WHmg 1 alternate payee and must identify the retirement system to 2 which it is directed and the court issuing the order. 3 (2) A QILDRO must specify each benefit to which it 4 applies, and it must specify the amount of the benefit to be 5 paid to the alternate payee, which in the case of a 6 nonperiodic benefit shall be expressed as a dollar amount, 7 and in the case of a periodic benefit shall be expressed as a 8 dollar amount per month. 9 (3) With respect to each benefit to which it applies, a 10 QILDRO must specify when the order will take effect. In the 11 case of a periodic benefit that is being paid at the time the 12 order is received, a QILDRO shall take effect immediately or 13 on a specified later date; if it takes effect immediately, it 14 shall become effective on the first benefit payment date 15 occurring at least 30 days after the order is received by the 16 retirement system. In the case of any other benefit, a 17 QILDRO shall take effect when the benefit becomes payable. 18 However, in no event shall a QILDRO apply to any benefit paid 19 by the retirement system before or within 30 days after the 20 order is received. A retirement system may adopt rules to 21 prorate the amount of the first and final periodic payments 22 to an alternate payee. 23 (4) A QILDRO must also contain any provisions required 24 under subsection (n) or (p). 25 (d) (1) An order issued under this Section shall not be 26 implemented unless a certified copy of the order has been 27 filed with the retirement system. The system shall promptly 28 notify the member and the alternate payee by first class mail 29 of its receipt of the order. 30 (2) Neither the retirement system, nor its board, nor 31 any of its employees shall be liable to the member, the 32 regular payee, or any other person for any amount of a 33 benefit that is paid in good faith to an alternate payee in 34 accordance with a QILDRO. HB1612 Enrolled -5- LRB9003937WHmg 1 (3) At the time the order is submitted to the retirement 2 system, it shall be accompanied by a nonrefundable $50 3 processing fee payable to the retirement system, to be used 4 by the system to defer any administrative costs arising out 5 of the implementation of the QILDRO. 6 (e) (1) Each alternate payee is responsible for 7 maintaining a current residence address on file with the 8 retirement system. The retirement system shall have no duty 9 to attempt to locate any alternate payee by any means other 10 than sending written notice to the last known address of the 11 alternate payee on file with the system. 12 (2) In the event that the system cannot locate an 13 alternate payee when a benefit becomes payable, the system 14 shall hold the amount of the benefit payable to the alternate 15 payee and make payment to the alternate payee if he or she is 16 located within the following 180 days. If the alternate 17 payee has not been located within 180 days from the date the 18 benefit becomes payable, the system shall pay the benefit and 19 the amounts held to the regular payee. If the alternate 20 payee is subsequently located, the system shall thereupon 21 implement the QILDRO, but the interest of the alternate payee 22 in any amounts already paid to the regular payee shall be 23 extinguished. Amounts held under this subsection shall not 24 bear interest. 25 (f) (1) If the amount of a benefit that is specified in 26 a QILDRO for payment to an alternate payee exceeds the 27 actual amount of that benefit payable by the retirement 28 system, the excess shall be disregarded. The retirement 29 system shall have no liability to any alternate payee or any 30 other person for the disregarded amounts. 31 (2) In the event of multiple QILDROs against a member, 32 the retirement system shall honor all of the QILDROs to the 33 extent possible. However, if the total amount of a benefit 34 to be paid to alternate payees under all QILDROs in effect HB1612 Enrolled -6- LRB9003937WHmg 1 against the member exceeds the actual amount of that benefit 2 payable by the system, the QILDROs shall be satisfied in the 3 order of their receipt by the system until the amount of the 4 benefit is exhausted, and shall not be adjusted pro rata. 5 Any amounts that cannot be paid due to exhaustion of the 6 benefit shall remain unpaid, and the retirement system shall 7 have no liability to any alternate payee or any other person 8 for such amounts. 9 (3) A modification of a QILDRO shall be filed with the 10 retirement system in the same manner as a new QILDRO. A 11 modification that does not increase the amount of any benefit 12 payable to the alternate payee, and does not expand the 13 QILDRO to affect any benefit not affected by the unmodified 14 QILDRO, does not affect the priority of payment under 15 subdivision (f)(2); the priority of payment of a QILDRO that 16 has been modified to increase the amount of any benefit 17 payable to the alternate payee, or to expand the QILDRO to 18 affect a benefit not affected by the unmodified QILDRO, shall 19 be based on the date on which the system receives the 20 modification of the QILDRO. 21 (g) (1) Upon the death of the alternate payee under a 22 QILDRO, the QILDRO shall expire and cease to be effective, 23 and in the absence of another QILDRO, the right to receive 24 any affected benefit shall revert to the regular payee. 25 (2) All QILDROs relating to a member's participation in 26 a particular retirement system shall expire and cease to be 27 effective upon the issuance of a member's refund that 28 terminates the member's participation in that retirement 29 system, without regard to whether the refund was paid to the 30 member or to an alternate payee under a QILDRO. An expired 31 QILDRO shall not be automatically revived by any subsequent 32 return by the member to service under that retirement system. 33 (h) (1) Within 45 days after receiving a subpoena from 34 any party to a proceeding for declaration of invalidity of HB1612 Enrolled -7- LRB9003937WHmg 1 marriage, legal separation, or dissolution of marriage in 2 which a QILDRO may be issued, or after receiving a request 3 from the member, a retirement system shall issue a statement 4 of a member's accumulated contributions, accrued benefits, 5 and other interests in the plan administered by the 6 retirement system based on the data on file with the system 7 on the date the subpoena is received, and of any relevant 8 procedures, rules, or modifications to the model QILDRO form 9 that have been adopted by the retirement system. 10 (2) In no event shall the retirement system be required 11 to furnish to any person an actuarial opinion as to the 12 present value of the member's benefits or other interests. 13 (3) The papers, entries, and records, or parts thereof, 14 of any retirement system may be proved by a copy thereof, 15 certified under the signature of the secretary of the system 16 or other duly appointed keeper of the records of the system 17 and the corporate seal, if any. 18 (i) In a retirement system in which a member or 19 beneficiary is required to apply to the system for payment of 20 a benefit, the required application may be made by an 21 alternate payee who is entitled to all of that benefit under 22 a QILDRO, provided that all other qualifications and 23 requirements have been met. However, the alternate payee may 24 not make the required application for a member's refund or a 25 retirement benefit if the member is in active service or 26 below the minimum age for receiving an undiscounted 27 retirement annuity in the retirement system that has received 28 the QILDRO or in any other retirement system in which the 29 member has creditable service and in which the member's 30 rights under the Retirement Systems Reciprocal Act would be 31 affected as a result of the alternate payee's application for 32 a member's refund or retirement benefit. 33 (j) (1) So long as there is in effect a QILDRO relating 34 to a member's retirement benefit, the affected member may not HB1612 Enrolled -8- LRB9003937WHmg 1 elect a form of payment that has the effect of diminishing 2 the amount of the payment to which any alternate payee is 3 entitled, unless the alternate payee has consented to the 4 election in writing and this consent has been filed with the 5 retirement system. 6 (2) If a member attempts to make an election prohibited 7 under subdivision (j)(1), the retirement system shall reject 8 the election and advise the member of the need to obtain the 9 alternate payee's consent. 10 (3) If a retirement system discovers that it has 11 mistakenly allowed an election prohibited under subdivision 12 (j)(1), it shall thereupon disallow that election and 13 recalculate any benefits affected thereby. If the system 14 determines that an amount paid to a regular payee should have 15 been paid to an alternate payee, the system shall, if 16 possible, recoup the amounts as provided in subsection (k) of 17 this Section. 18 (k) In the event that a regular payee or an alternate 19 payee is overpaid, the retirement system shall recoup the 20 amounts by deducting the overpayment from future payments and 21 making payment to the other payee. The system may make 22 deductions for recoupment over a period of time in the same 23 manner as is provided by law or rule for the recoupment of 24 other amounts incorrectly disbursed by the system in 25 instances not involving a QILDRO. The retirement system 26 shall incur no liability to either the alternate payee or the 27 regular payee as a result of any payment made in good faith, 28 regardless of whether the system is able to accomplish 29 recoupment. 30 (l) (1) A retirement system that has, before the 31 effective date of this Section, received and implemented a 32 domestic relations order that directs payment of a benefit to 33 a person other than the regular payee may continue to 34 implement that order, and shall not be liable to the regular HB1612 Enrolled -9- LRB9003937WHmg 1 payee for any amounts paid in good faith to that other person 2 in accordance with the order. 3 (2) A domestic relations order directing payment of a 4 benefit to a person other than the regular payee that was 5 issued by a court but not implemented by a retirement system 6 prior to the effective date of this Section shall be void. 7 However, a person who is the beneficiary or alternate payee 8 of a domestic relations order that is rendered void under 9 this subsection may petition the court that issued the order 10 for an amended order that complies with this Section. 11 (m) (1) In accordance with Article XIII, Section 5 of 12 the Illinois Constitution, which prohibits the impairment or 13 diminishment of benefits granted under this Code, a QILDRO 14 issued against a member of a retirement system established 15 under an Article of this Code that exempts the payment of 16 benefits or refunds from attachment, garnishment, judgment or 17 other legal process shall not be effective without the 18 written consent of the member if the member began 19 participating in the retirement system on or before the 20 effective date of this Section. That consent must specify 21 the retirement system, the court case number, and the names 22 and social security numbers of the member and the alternate 23 payee. The consent must accompany the QILDRO when it is 24 filed with the retirement system, and must be in 25 substantially the following form: 26 CONSENT TO ISSUANCE OF QILDRO 27 Court Case Number: .................... 28 Member's Social Security Number: ........................ 29 Alternate payee's Social Security Number: ............... 30 I, (name), a member of the (retirement system), hereby 31 consent to the issuance of a Qualified Illinois Domestic 32 Relations Order. I understand that under the Order, certain 33 benefits that would otherwise be payable to me, or to my HB1612 Enrolled -10- LRB9003937WHmg 1 surviving spouse or estate, will instead be payable to (name 2 of alternate payee). I also understand that my right to 3 elect certain forms of payment of my retirement benefit or 4 member's refund may be limited as a result of the Order. 5 DATED:....................... 6 SIGNED:...................... 7 (2) A member's consent to the issuance of a QILDRO shall 8 be irrevocable, and shall apply to any QILDRO that pertains 9 to the alternate payee and retirement system named in the 10 consent. 11 (n) An order issued under this Section shall be in 12 substantially the following form (omitting any provisions 13 that are not applicable): 14 QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDER 15 THIS CAUSE coming before the Court for the purpose of the 16 entry of a Qualified Illinois Domestic Relations Order under 17 the provisions of Section 1-119 of the Illinois Pension Code, 18 the Court having jurisdiction over the parties and the 19 subject matter hereof; the Court finding that one of the 20 parties to this proceeding is a member of a retirement system 21 subject to Section 1-119 of the Illinois Pension Code, this 22 Order is entered to implement a division of that party's 23 interest in the retirement system; and the Court being fully 24 advised; 25 IT IS HEREBY ORDERED AS FOLLOWS: 26 (1) The definitions and other provisions of Section 27 1-119 of the Illinois Pension Code are adopted by reference 28 and made a part of this Order. 29 (2) Identification of Retirement System and parties: 30 Retirement System: (name and address) 31 Member: (name, residence address and social security 32 number) 33 Alternate payee: (name, residence address and social HB1612 Enrolled -11- LRB9003937WHmg 1 security number) 2 (3) The Retirement System shall pay the indicated 3 amounts of the following specified benefits to the alternate 4 payee under the following terms and conditions: 5 (i) Of the member's retirement benefit, the 6 Retirement System shall pay to the alternate payee 7 $...... per month, beginning (if the benefit is already 8 being paid, either immediately or on a specified later 9 date; otherwise, on the date the retirement benefit 10 commences), and ending upon the termination of the 11 retirement benefit or the death of the alternate payee, 12 whichever occurs first. 13 (ii) Of any member's refund that becomes payable, 14 the Retirement System shall pay to the alternate payee 15 $...... when the member's refund becomes payable. 16 (4) In accordance with subsection (j) of Section 1-119 17 of the Illinois Pension Code, so long as this QILDRO is in 18 effect, the member may not elect a form of payment of the 19 retirement benefit that has the effect of diminishing the 20 amount of the payment to which the alternate payee is 21 entitled, unless the alternate payee has consented to the 22 election in writing and this consent has been filed with the 23 retirement system. 24 (5) If the member began participating in the Retirement 25 System before the effective date of this Section, this Order 26 shall not take effect unless accompanied by the written 27 consent of the member as required under subsection (m) of 28 Section 1-119 of the Illinois Pension Code. 29 (6) The Court retains jurisdiction to modify this Order. 30 DATED:....................... 31 SIGNED:...................... 32 (o) (1) A court in Illinois that has issued a QILDRO HB1612 Enrolled -12- LRB9003937WHmg 1 shall retain jurisdiction of all issues relating to the 2 modification of the QILDRO. The Administrative Review Law 3 and the rules adopted pursuant thereto shall govern and apply 4 to all proceedings for judicial review of final 5 administrative decisions of the board of trustees of the 6 retirement system arising under this Section. 7 (2) The term "administrative decision" is defined as in 8 Section 3-101 of the Code of Civil Procedure. The venue for 9 review under the Administrative Review Law shall be the same 10 as is provided by law for judicial review of other 11 administrative decisions of the retirement system. 12 (p) (1) Each retirement system may adopt any procedures 13 or rules that it deems necessary or useful for the 14 implementation of this Section. 15 (2) Each retirement system may by rule modify the model 16 QILDRO form provided in subsection (n) or require that 17 additional information be included in QILDROs presented to 18 the system, as may be necessary to meet the needs of the 19 retirement system. 20 Section 10. The Illinois Marriage and Dissolution of 21 Marriage Act is amended by changing Sections 452 and 503 as 22 follows: 23 (750 ILCS 5/452) 24 Sec. 452. Petition. The parties to a dissolution 25 proceeding may file a joint petition for simplified 26 dissolution if they certify that all of the following 27 conditions exist when the proceeding is commenced: 28 (a) Neither party is dependent on the other party 29 for support or each party is willing to waive the right 30 to support; and the parties understand that consultation 31 with attorneys may help them determine eligibility for 32 spousal support. HB1612 Enrolled -13- LRB9003937WHmg 1 (b) Either party has met the residency requirement 2 of Section 401 of this Act. 3 (c) Irreconcilable differences have caused the 4 irretrievable breakdown of the marriage and the parties 5 have been separated 6 months or more and efforts at 6 reconciliation have failed or future attempts at 7 reconciliation would be impracticable and not in the best 8 interests of the family. 9 (d) No children were born of the relationship of 10 the parties or adopted by the parties during the 11 marriage, and the wife, to her knowledge, is not pregnant 12 by the husband. 13 (e) The duration of the marriage does not exceed 8 14
5years. 15 (f) Neither party has any interest in real 16 property. 17 (g) The parties waive any rights to maintenance. 18 (h) The total fair market value of all marital 19 property, after deducting all encumbrances, is less than 20 $10,000, $5,000 andthe combined gross annualized income 21 from all sources is less than $35,000, and neither party 22 has a gross annualized income from all sources in excess 23 of $20,000 $25,000. 24 (i) The parties have disclosed to each other all 25 assets and their tax returns for all years of the 26 marriage. 27 (j) The parties have executed a written agreement 28 dividing all assets in excess of $100 in value and 29 allocating responsibility for debts and liabilities 30 between the parties. 31 (Source: P.A. 88-39.) 32 (750 ILCS 5/503) (from Ch. 40, par. 503) 33 Sec. 503. Disposition of property. HB1612 Enrolled -14- LRB9003937WHmg 1 (a) For purposes of this Act, "marital property" means 2 all property acquired by either spouse subsequent to the 3 marriage, except the following, which is known as 4 "non-marital property": 5 (1) property acquired by gift, legacy or descent; 6 (2) property acquired in exchange for property 7 acquired before the marriage or in exchange for property 8 acquired by gift, legacy or descent; 9 (3) property acquired by a spouse after a judgment 10 of legal separation; 11 (4) property excluded by valid agreement of the 12 parties; 13 (5) any judgment or property obtained by judgment 14 awarded to a spouse from the other spouse; 15 (6) property acquired before the marriage; 16 (7) the increase in value of property acquired by a 17 method listed in paragraphs (1) through (6) of this 18 subsection, irrespective of whether the increase results 19 from a contribution of marital property, non-marital 20 property, the personal effort of a spouse, or otherwise, 21 subject to the right of reimbursement provided in 22 subsection (c) of this Section; and 23 (8) income from property acquired by a method 24 listed in paragraphs (1) through (7) of this subsection 25 if the income is not attributable to the personal effort 26 of a spouse. 27 (b)(1) For purposes of distribution of property pursuant 28 to this Section, all property acquired by either spouse after 29 the marriage and before a judgment of dissolution of marriage 30 or declaration of invalidity of marriage, including 31 non-marital property transferred into some form of 32 co-ownership between the spouses, is presumed to be marital 33 property, regardless of whether title is held individually or 34 by the spouses in some form of co-ownership such as joint HB1612 Enrolled -15- LRB9003937WHmg 1 tenancy, tenancy in common, tenancy by the entirety, or 2 community property. The presumption of marital property is 3 overcome by a showing that the property was acquired by a 4 method listed in subsection (a) of this Section. 5 (2) For purposes of distribution of property pursuant to 6 this Section, all pension benefits (including pension 7 benefits under the Illinois Pension Code) acquired by either 8 spouse after the marriage and before a judgment of 9 dissolution of marriage or declaration of invalidity of the 10 marriage are presumed to be marital property, regardless of 11 which spouse participates in the pension plan. The 12 presumption that these pension benefits are marital property 13 is overcome by a showing that the pension benefits were 14 acquired by a method listed in subsection (a) of this 15 Section. The right to a division of pension benefits in just 16 proportions under this Section is enforceable under Section 17 1-119 of the Illinois Pension Code. 18 The value of pension benefits in a retirement system 19 subject to the Illinois Pension Code shall be determined in 20 accordance with the valuation procedures established by the 21 retirement system. 22 The recognition of pension benefits as marital property 23 and the division of those benefits pursuant to a Qualified 24 Illinois Domestic Relations Order shall not be deemed to be a 25 diminishment, alienation, or impairment of those benefits. 26 The division of pension benefits is an allocation of property 27 in which each spouse has a species of common ownership. 28 (c) Commingled marital and non-marital property shall be 29 treated in the following manner, unless otherwise agreed by 30 the spouses: 31 (1) When marital and non-marital property are 32 commingled by contributing one estate of property into 33 another resulting in a loss of identity of the 34 contributed property, the classification of the HB1612 Enrolled -16- LRB9003937WHmg 1 contributed property is transmuted to the estate 2 receiving the contribution, subject to the provisions of 3 paragraph (2) of this subsection; provided that if 4 marital and non-marital property are commingled into 5 newly acquired property resulting in a loss of identity 6 of the contributing estates, the commingled property 7 shall be deemed transmuted to marital property, subject 8 to the provisions of paragraph (2) of this subsection. 9 (2) When one estate of property makes a 10 contribution to another estate of property, or when a 11 spouse contributes personal effort to non-marital 12 property, the contributing estate shall be reimbursed 13 from the estate receiving the contribution 14 notwithstanding any transmutation; provided, that no such 15 reimbursement shall be made with respect to a 16 contribution which is not retraceable by clear and 17 convincing evidence, or was a gift, or, in the case of a 18 contribution of personal effort of a spouse to 19 non-marital property, unless the effort is significant 20 and results in substantial appreciation of the 21 non-marital property. Personal effort of a spouse shall 22 be deemed a contribution by the marital estate. The 23 court may provide for reimbursement out of the marital 24 property to be divided or by imposing a lien against the 25 non-marital property which received the contribution. 26 (d) In a proceeding for dissolution of marriage or 27 declaration of invalidity of marriage, or in a proceeding for 28 disposition of property following dissolution of marriage by 29 a court which lacked personal jurisdiction over the absent 30 spouse or lacked jurisdiction to dispose of the property, the 31 court shall assign each spouse's non-marital property to that 32 spouse. It also shall divide the marital property without 33 regard to marital misconduct in just proportions considering 34 all relevant factors, including: HB1612 Enrolled -17- LRB9003937WHmg 1 (1) the contribution of each party to the 2 acquisition, preservation, or increase or decrease in 3 value of the marital or non-marital property, including 4 the contribution of a spouse as a homemaker or to the 5 family unit; 6 (2) the dissipation by each party of the marital or 7 non-marital property; 8 (3) the value of the property assigned to each 9 spouse; 10 (4) the duration of the marriage; 11 (5) the relevant economic circumstances of each 12 spouse when the division of property is to become 13 effective, including the desirability of awarding the 14 family home, or the right to live therein for reasonable 15 periods, to the spouse having custody of the children; 16 (6) any obligations and rights arising from a prior 17 marriage of either party; 18 (7) any antenuptial agreement of the parties; 19 (8) the age, health, station, occupation, amount 20 and sources of income, vocational skills, employability, 21 estate, liabilities, and needs of each of the parties; 22 (9) the custodial provisions for any children; 23 (10) whether the apportionment is in lieu of or in 24 addition to maintenance; 25 (11) the reasonable opportunity of each spouse for 26 future acquisition of capital assets and income; and 27 (12) the tax consequences of the property division 28 upon the respective economic circumstances of the 29 parties. 30 (e) Each spouse has a species of common ownership in the 31 marital property which vests at the time dissolution 32 proceedings are commenced and continues only during the 33 pendency of the action. Any such interest in marital 34 property shall not encumber that property so as to restrict HB1612 Enrolled -18- LRB9003937WHmg 1 its transfer, assignment or conveyance by the title holder 2 unless such title holder is specifically enjoined from making 3 such transfer, assignment or conveyance. 4 (f) In a proceeding for dissolution of marriage or 5 declaration of invalidity of marriage or in a proceeding for 6 disposition of property following dissolution of marriage by 7 a court that lacked personal jurisdiction over the absent 8 spouse or lacked jurisdiction to dispose of the property, the 9 court, in determining the value of the marital and 10 non-marital property for purposes of dividing the property, 11 shall value the property as of the date of trial or some 12 other date as close to the date of trial as is practicable. 13 (g) The court if necessary to protect and promote the 14 best interests of the children may set aside a portion of the 15 jointly or separately held estates of the parties in a 16 separate fund or trust for the support, maintenance, 17 education, and general welfare of any minor, dependent, or 18 incompetent child of the parties. In making a determination 19 under this subsection, the court may consider, among other 20 things, the conviction of a party of any of the offenses set 21 forth in Section 12-4, 12-4.1, 12-4.2, 12-4.3, 12-13, 12-14, 22 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 if the 23 victim is a child of one or both of the parties, and there is 24 a need for, and cost of, care, healing and counseling for the 25 child who is the victim of the crime. 26 (h) Unless specifically directed by a reviewing court, 27 or upon good cause shown, the court shall not on remand 28 consider any increase or decrease in the value of any 29 "marital" or "non-marital" property occurring since the 30 assessment of such property at the original trial or hearing, 31 but shall use only that assessment made at the original trial 32 or hearing. 33 (i) The court may make such judgments affecting the 34 marital property as may be just and may enforce such HB1612 Enrolled -19- LRB9003937WHmg 1 judgments by ordering a sale of marital property, with 2 proceeds therefrom to be applied as determined by the court. 3 (j) After proofs have closed in the final hearing on all 4 other issues between the parties (or in conjunction with the 5 final hearing, if all parties so stipulate) and before 6 judgment is entered, a party's petition for contribution to 7 fees and costs incurred in the proceeding shall be heard and 8 decided, in accordance with the following provisions: 9 (1) A petition for contribution, if not filed 10 before the final hearing on other issues between the 11 parties, shall be filed no later than 30 days after the 12 closing of proofs in the final hearing or within such 13 other period as the court orders. 14 (2) Any award of contribution to one party from the 15 other party shall be based on the criteria for division 16 of marital property under this Section 503 and, if 17 maintenance has been awarded, on the criteria for an 18 award of maintenance under Section 504. 19 (3) The filing of a petition for contribution shall 20 not be deemed to constitute a waiver of the 21 attorney-client privilege between the petitioning party 22 and current or former counsel; and such a waiver shall 23 not constitute a prerequisite to a hearing for 24 contribution. If either party's presentation on 25 contribution, however, includes evidence within the scope 26 of the attorney-client privilege, the disclosure or 27 disclosures shall be narrowly construed and shall not be 28 deemed by the court to constitute a general waiver of the 29 privilege as to matters beyond the scope of the 30 presentation. 31 (4) No finding on which a contribution award is 32 based or denied shall be asserted against counsel or 33 former counsel for purposes of any hearing under 34 subsection (c) or (e) of Section 508. HB1612 Enrolled -20- LRB9003937WHmg 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 14 508. 15 (Source: P.A. 88-45; 89-428, eff. 12-13-95; 89-462, eff. 16 5-29-96; 89-712, eff. 6-1-97.) 17 Section 99. Effective date. This Act takes effect July 18 1, 1999 or 6 months after becoming law, whichever is later.
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