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90_SB1059
750 ILCS 5/503 from Ch. 40, par. 503
Amends the Marriage and Dissolution of Marriage Act.
Makes a stylistic change in provisions concerning disposition
of property.
LRB9001229WHmg
LRB9001229WHmg
1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Section 503.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Section 503 as follows:
7 (750 ILCS 5/503) (from Ch. 40, par. 503)
8 Sec. 503. Disposition of property.
9 (a) For purposes of this Act, "marital property" means
10 all property acquired by either spouse after subsequent to
11 the marriage, except the following, which is known as
12 "non-marital property":
13 (1) property acquired by gift, legacy or descent;
14 (2) property acquired in exchange for property
15 acquired before the marriage or in exchange for property
16 acquired by gift, legacy or descent;
17 (3) property acquired by a spouse after a judgment
18 of legal separation;
19 (4) property excluded by valid agreement of the
20 parties;
21 (5) any judgment or property obtained by judgment
22 awarded to a spouse from the other spouse;
23 (6) property acquired before the marriage;
24 (7) the increase in value of property acquired by a
25 method listed in paragraphs (1) through (6) of this
26 subsection, irrespective of whether the increase results
27 from a contribution of marital property, non-marital
28 property, the personal effort of a spouse, or otherwise,
29 subject to the right of reimbursement provided in
30 subsection (c) of this Section; and
31 (8) income from property acquired by a method
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1 listed in paragraphs (1) through (7) of this subsection
2 if the income is not attributable to the personal effort
3 of a spouse.
4 (b) For purposes of distribution of property pursuant to
5 this Section, all property acquired by either spouse after
6 the marriage and before a judgment of dissolution of marriage
7 or declaration of invalidity of marriage, including
8 non-marital property transferred into some form of
9 co-ownership between the spouses, is presumed to be marital
10 property, regardless of whether title is held individually or
11 by the spouses in some form of co-ownership such as joint
12 tenancy, tenancy in common, tenancy by the entirety, or
13 community property. The presumption of marital property is
14 overcome by a showing that the property was acquired by a
15 method listed in subsection (a) of this Section.
16 (c) Commingled marital and non-marital property shall be
17 treated in the following manner, unless otherwise agreed by
18 the spouses:
19 (1) When marital and non-marital property are
20 commingled by contributing one estate of property into
21 another resulting in a loss of identity of the
22 contributed property, the classification of the
23 contributed property is transmuted to the estate
24 receiving the contribution, subject to the provisions of
25 paragraph (2) of this subsection; provided that if
26 marital and non-marital property are commingled into
27 newly acquired property resulting in a loss of identity
28 of the contributing estates, the commingled property
29 shall be deemed transmuted to marital property, subject
30 to the provisions of paragraph (2) of this subsection.
31 (2) When one estate of property makes a
32 contribution to another estate of property, or when a
33 spouse contributes personal effort to non-marital
34 property, the contributing estate shall be reimbursed
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1 from the estate receiving the contribution
2 notwithstanding any transmutation; provided, that no such
3 reimbursement shall be made with respect to a
4 contribution which is not retraceable by clear and
5 convincing evidence, or was a gift, or, in the case of a
6 contribution of personal effort of a spouse to
7 non-marital property, unless the effort is significant
8 and results in substantial appreciation of the
9 non-marital property. Personal effort of a spouse shall
10 be deemed a contribution by the marital estate. The
11 court may provide for reimbursement out of the marital
12 property to be divided or by imposing a lien against the
13 non-marital property which received the contribution.
14 (d) In a proceeding for dissolution of marriage or
15 declaration of invalidity of marriage, or in a proceeding for
16 disposition of property following dissolution of marriage by
17 a court which lacked personal jurisdiction over the absent
18 spouse or lacked jurisdiction to dispose of the property, the
19 court shall assign each spouse's non-marital property to that
20 spouse. It also shall divide the marital property without
21 regard to marital misconduct in just proportions considering
22 all relevant factors, including:
23 (1) the contribution of each party to the
24 acquisition, preservation, or increase or decrease in
25 value of the marital or non-marital property, including
26 the contribution of a spouse as a homemaker or to the
27 family unit;
28 (2) the dissipation by each party of the marital or
29 non-marital property;
30 (3) the value of the property assigned to each
31 spouse;
32 (4) the duration of the marriage;
33 (5) the relevant economic circumstances of each
34 spouse when the division of property is to become
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1 effective, including the desirability of awarding the
2 family home, or the right to live therein for reasonable
3 periods, to the spouse having custody of the children;
4 (6) any obligations and rights arising from a prior
5 marriage of either party;
6 (7) any antenuptial agreement of the parties;
7 (8) the age, health, station, occupation, amount
8 and sources of income, vocational skills, employability,
9 estate, liabilities, and needs of each of the parties;
10 (9) the custodial provisions for any children;
11 (10) whether the apportionment is in lieu of or in
12 addition to maintenance;
13 (11) the reasonable opportunity of each spouse for
14 future acquisition of capital assets and income; and
15 (12) the tax consequences of the property division
16 upon the respective economic circumstances of the
17 parties.
18 (e) Each spouse has a species of common ownership in the
19 marital property which vests at the time dissolution
20 proceedings are commenced and continues only during the
21 pendency of the action. Any such interest in marital
22 property shall not encumber that property so as to restrict
23 its transfer, assignment or conveyance by the title holder
24 unless such title holder is specifically enjoined from making
25 such transfer, assignment or conveyance.
26 (f) 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 that lacked personal jurisdiction over the absent
30 spouse or lacked jurisdiction to dispose of the property, the
31 court, in determining the value of the marital and
32 non-marital property for purposes of dividing the property,
33 shall value the property as of the date of trial or some
34 other date as close to the date of trial as is practicable.
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1 (g) The court if necessary to protect and promote the
2 best interests of the children may set aside a portion of the
3 jointly or separately held estates of the parties in a
4 separate fund or trust for the support, maintenance,
5 education, and general welfare of any minor, dependent, or
6 incompetent child of the parties. In making a determination
7 under this subsection, the court may consider, among other
8 things, the conviction of a party of any of the offenses set
9 forth in Section 12-4, 12-4.1, 12-4.2, 12-4.3, 12-13, 12-14,
10 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 if the
11 victim is a child of one or both of the parties, and there is
12 a need for, and cost of, care, healing and counseling for the
13 child who is the victim of the crime.
14 (h) Unless specifically directed by a reviewing court,
15 or upon good cause shown, the court shall not on remand
16 consider any increase or decrease in the value of any
17 "marital" or "non-marital" property occurring since the
18 assessment of such property at the original trial or hearing,
19 but shall use only that assessment made at the original trial
20 or hearing.
21 (i) The court may make such judgments affecting the
22 marital property as may be just and may enforce such
23 judgments by ordering a sale of marital property, with
24 proceeds therefrom to be applied as determined by the court.
25 (Source: P.A. 88-45; 89-428, eff. 12-13-95; 89-462, eff.
26 5-29-96.)