(750 ILCS 65/1) (from Ch. 40, par. 1001)

(Text of Section before amendment by P.A. 104-40)

Sec. 1. Rights to sue and be sued. A married person may, in all cases, sue and be sued without joining his or her spouse as if unmarried. A husband or wife may sue the other for a tort committed during the marriage. No finding by any court under Section 401 of the Illinois Marriage and Dissolution of Marriage Act shall be admissible or be used as prima facie evidence of a tort in any civil action brought under this Act. An attachment or judgment in an action may be enforced by or against a married person as if unmarried.

(Source: P.A. 87-286.)

(Text of Section after amendment by P.A. 104-40)

Sec. 1. Rights to sue and be sued. A married person may, in all cases, sue and be sued without joining the married person's spouse as if unmarried. Either spouse may sue the other for a tort committed during the marriage. No finding by any court under Section 401 of the Illinois Marriage and Dissolution of Marriage Act shall be admissible or be used as prima facie evidence of a tort in any civil action brought under this Act. An attachment or judgment in an action may be enforced by or against a married person as if unmarried.

(Source: P.A. 104-40, eff. 1-1-26.)