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90_HB1612sam003
LRB9003937EGfgam06
1 AMENDMENT TO HOUSE BILL 1612
2 AMENDMENT NO. . Amend House Bill 1612, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT in relation to marital property, amending named
5 Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Pension Code is amended by
9 adding Section 1-119 as follows:
10 (40 ILCS 5/1-119 new)
11 Sec. 1-119. Qualified Illinois Domestic Relations
12 Orders.
13 (a) For the purposes of this Section:
14 (1) "Alternate payee" means the spouse, former
15 spouse, child, or other dependent of a member, as
16 designated in a QILDRO.
17 (2) "Death benefit" means any nonperiodic benefit
18 payable upon the death of a member to a survivor of the
19 member or to the member's estate or designated
20 beneficiary, including any refund of contributions
21 following the member's death, whether or not the benefit
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1 is so called under the applicable Article of this Code.
2 (3) "Disability benefit" means any periodic or
3 nonperiodic benefit payable to a disabled member based on
4 occupational or nonoccupational disability or disease,
5 including any periodic or nonperiodic increases in the
6 benefit, whether or not the benefit is so called under
7 the applicable Article of this Code.
8 (4) "Member" means any person who participates in
9 or has service credits in a retirement system, including
10 a person who is receiving or is eligible to receive a
11 retirement or disability benefit, without regard to
12 whether the person has withdrawn from service.
13 (5) "Member's refund" means a return of all or a
14 portion of a member's contributions that is elected by
15 the member (or provided by operation of law) and is
16 payable before the member's death.
17 (6) "Qualified Illinois Domestic Relations Order"
18 or "QILDRO" means an Illinois court order that creates or
19 recognizes the existence of an alternate payee's right to
20 receive all or a portion of a member's accrued benefits
21 in a retirement system, is issued pursuant to this
22 Section and Section 503(b)(2) of the Illinois Marriage
23 and Dissolution of Marriage Act, and meets the
24 requirements of this Section. A QILDRO is not the same
25 as a qualified domestic relations order or QDRO issued
26 pursuant to Section 414(p) of the Internal Revenue Code
27 of 1986. The requirements of paragraphs (2) and (3) of
28 that Section do not apply to orders issued under this
29 Section and shall not be deemed a guide to the
30 interpretation of this Section; a QILDRO is intended to
31 be a domestic relations order within the meaning of
32 paragraph (11) of that Section.
33 (7) "Regular payee" means the person to whom a
34 benefit would be payable in the absence of an effective
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1 QILDRO.
2 (8) "Retirement benefit" means any periodic or
3 nonperiodic benefit payable to a retired member based on
4 age or service, or on the amounts accumulated to the
5 credit of the member for retirement purposes, including
6 any periodic or nonperiodic increases in the benefit,
7 whether or not the benefit is so called under the
8 applicable Article of this Code.
9 (9) "Retirement system" or "system" means any
10 retirement system, pension fund, or other public employee
11 retirement benefit plan that is maintained or established
12 under any of Articles 2 through 18 of this Code.
13 (10) "Surviving spouse" means the spouse of a
14 member at the time of the member's death.
15 (11) "Survivor's benefit" means any periodic
16 benefit payable to a surviving spouse, child, parent, or
17 other survivor of a deceased member, including any
18 periodic or nonperiodic increases in the benefit, whether
19 or not the benefit is so called under the applicable
20 Article of this Code.
21 (b) (1) An Illinois court of competent jurisdiction in a
22 proceeding for declaration of invalidity of marriage, legal
23 separation, or dissolution of marriage that provides for the
24 distribution of property, or any proceeding to amend or
25 enforce such a property distribution, may order that all or
26 any part of any (i) retirement benefit or (ii) member's
27 refund payable to or on behalf of the member be instead paid
28 by the retirement system to a designated alternate payee.
29 (2) An order issued under this Section provides only for
30 the diversion to an alternate payee of certain benefits
31 otherwise payable by the retirement system under the
32 provisions of this Code. The existence of a QILDRO shall not
33 cause the retirement system to pay any benefit, or any amount
34 of benefit, to an alternate payee that would not have been
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1 payable by the system to a regular payee in the absence of
2 the QILDRO.
3 (3) A QILDRO shall not affect the vesting, accrual, or
4 amount of any benefit, nor the date or conditions upon which
5 any benefit becomes payable, nor the right of the member or
6 the member's survivors to make any election otherwise
7 authorized under this Code, except as provided in subsections
8 (i) and (j).
9 (4) A QILDRO shall not apply to or affect the payment of
10 any survivor's benefit, death benefit, disability benefit,
11 life insurance benefit, or health insurance benefit.
12 (c) (1) A QILDRO must contain the name, residence
13 address, and social security number of the member and of the
14 alternate payee and must identify the retirement system to
15 which it is directed and the court issuing the order.
16 (2) A QILDRO must specify each benefit to which it
17 applies, and it must specify the amount of the benefit to be
18 paid to the alternate payee, which in the case of a
19 nonperiodic benefit shall be expressed as a dollar amount,
20 and in the case of a periodic benefit shall be expressed as a
21 dollar amount per month.
22 (3) With respect to each benefit to which it applies, a
23 QILDRO must specify when the order will take effect. In the
24 case of a periodic benefit that is being paid at the time the
25 order is received, a QILDRO shall take effect immediately or
26 on a specified later date; if it takes effect immediately, it
27 shall become effective on the first benefit payment date
28 occurring at least 30 days after the order is received by the
29 retirement system. In the case of any other benefit, a
30 QILDRO shall take effect when the benefit becomes payable.
31 However, in no event shall a QILDRO apply to any benefit paid
32 by the retirement system before or within 30 days after the
33 order is received. A retirement system may adopt rules to
34 prorate the amount of the first and final periodic payments
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1 to an alternate payee.
2 (4) A QILDRO must also contain any provisions required
3 under subsection (n) or (p).
4 (d) (1) An order issued under this Section shall not be
5 implemented unless a certified copy of the order has been
6 filed with the retirement system. The system shall promptly
7 notify the member and the alternate payee by first class mail
8 of its receipt of the order.
9 (2) Neither the retirement system, nor its board, nor
10 any of its employees shall be liable to the member, the
11 regular payee, or any other person for any amount of a
12 benefit that is paid in good faith to an alternate payee in
13 accordance with a QILDRO.
14 (3) At the time the order is submitted to the retirement
15 system, it shall be accompanied by a nonrefundable $50
16 processing fee payable to the retirement system, to be used
17 by the system to defer any administrative costs arising out
18 of the implementation of the QILDRO.
19 (e) (1) Each alternate payee is responsible for
20 maintaining a current residence address on file with the
21 retirement system. The retirement system shall have no duty
22 to attempt to locate any alternate payee by any means other
23 than sending written notice to the last known address of the
24 alternate payee on file with the system.
25 (2) In the event that the system cannot locate an
26 alternate payee when a benefit becomes payable, the system
27 shall hold the amount of the benefit payable to the alternate
28 payee and make payment to the alternate payee if he or she is
29 located within the following 180 days. If the alternate
30 payee has not been located within 180 days from the date the
31 benefit becomes payable, the system shall pay the benefit and
32 the amounts held to the regular payee. If the alternate
33 payee is subsequently located, the system shall thereupon
34 implement the QILDRO, but the interest of the alternate payee
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1 in any amounts already paid to the regular payee shall be
2 extinguished. Amounts held under this subsection shall not
3 bear interest.
4 (f) (1) If the amount of a benefit that is specified in
5 a QILDRO for payment to an alternate payee exceeds the
6 actual amount of that benefit payable by the retirement
7 system, the excess shall be disregarded. The retirement
8 system shall have no liability to any alternate payee or any
9 other person for the disregarded amounts.
10 (2) In the event of multiple QILDROs against a member,
11 the retirement system shall honor all of the QILDROs to the
12 extent possible. However, if the total amount of a benefit
13 to be paid to alternate payees under all QILDROs in effect
14 against the member exceeds the actual amount of that benefit
15 payable by the system, the QILDROs shall be satisfied in the
16 order of their receipt by the system until the amount of the
17 benefit is exhausted, and shall not be adjusted pro rata.
18 Any amounts that cannot be paid due to exhaustion of the
19 benefit shall remain unpaid, and the retirement system shall
20 have no liability to any alternate payee or any other person
21 for such amounts.
22 (3) A modification of a QILDRO shall be filed with the
23 retirement system in the same manner as a new QILDRO. A
24 modification that does not increase the amount of any benefit
25 payable to the alternate payee, and does not expand the
26 QILDRO to affect any benefit not affected by the unmodified
27 QILDRO, does not affect the priority of payment under
28 subdivision (f)(2); the priority of payment of a QILDRO that
29 has been modified to increase the amount of any benefit
30 payable to the alternate payee, or to expand the QILDRO to
31 affect a benefit not affected by the unmodified QILDRO, shall
32 be based on the date on which the system receives the
33 modification of the QILDRO.
34 (g) (1) Upon the death of the alternate payee under a
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1 QILDRO, the QILDRO shall expire and cease to be effective,
2 and in the absence of another QILDRO, the right to receive
3 any affected benefit shall revert to the regular payee.
4 (2) All QILDROs relating to a member's participation in
5 a particular retirement system shall expire and cease to be
6 effective upon the issuance of a member's refund that
7 terminates the member's participation in that retirement
8 system, without regard to whether the refund was paid to the
9 member or to an alternate payee under a QILDRO. An expired
10 QILDRO shall not be automatically revived by any subsequent
11 return by the member to service under that retirement system.
12 (h) (1) Within 45 days after receiving a subpoena from
13 any party to a proceeding for declaration of invalidity of
14 marriage, legal separation, or dissolution of marriage in
15 which a QILDRO may be issued, or after receiving a request
16 from the member, a retirement system shall issue a statement
17 of a member's accumulated contributions, accrued benefits,
18 and other interests in the plan administered by the
19 retirement system based on the data on file with the system
20 on the date the subpoena is received, and of any relevant
21 procedures, rules, or modifications to the model QILDRO form
22 that have been adopted by the retirement system.
23 (2) In no event shall the retirement system be required
24 to furnish to any person an actuarial opinion as to the
25 present value of the member's benefits or other interests.
26 (3) The papers, entries, and records, or parts thereof,
27 of any retirement system may be proved by a copy thereof,
28 certified under the signature of the secretary of the system
29 or other duly appointed keeper of the records of the system
30 and the corporate seal, if any.
31 (i) In a retirement system in which a member or
32 beneficiary is required to apply to the system for payment of
33 a benefit, the required application may be made by an
34 alternate payee who is entitled to all of that benefit under
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1 a QILDRO, provided that all other qualifications and
2 requirements have been met. However, the alternate payee may
3 not make the required application for a member's refund or a
4 retirement benefit if the member is in active service or
5 below the minimum age for receiving an undiscounted
6 retirement annuity in the retirement system that has received
7 the QILDRO or in any other retirement system in which the
8 member has creditable service and in which the member's
9 rights under the Retirement Systems Reciprocal Act would be
10 affected as a result of the alternate payee's application for
11 a member's refund or retirement benefit.
12 (j) (1) So long as there is in effect a QILDRO relating
13 to a member's retirement benefit, the affected member may not
14 elect a form of payment that has the effect of diminishing
15 the amount of the payment to which any alternate payee is
16 entitled, unless the alternate payee has consented to the
17 election in writing and this consent has been filed with the
18 retirement system.
19 (2) If a member attempts to make an election prohibited
20 under subdivision (j)(1), the retirement system shall reject
21 the election and advise the member of the need to obtain the
22 alternate payee's consent.
23 (3) If a retirement system discovers that it has
24 mistakenly allowed an election prohibited under subdivision
25 (j)(1), it shall thereupon disallow that election and
26 recalculate any benefits affected thereby. If the system
27 determines that an amount paid to a regular payee should have
28 been paid to an alternate payee, the system shall, if
29 possible, recoup the amounts as provided in subsection (k) of
30 this Section.
31 (k) In the event that a regular payee or an alternate
32 payee is overpaid, the retirement system shall recoup the
33 amounts by deducting the overpayment from future payments and
34 making payment to the other payee. The system may make
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1 deductions for recoupment over a period of time in the same
2 manner as is provided by law or rule for the recoupment of
3 other amounts incorrectly disbursed by the system in
4 instances not involving a QILDRO. The retirement system
5 shall incur no liability to either the alternate payee or the
6 regular payee as a result of any payment made in good faith,
7 regardless of whether the system is able to accomplish
8 recoupment.
9 (l) (1) A retirement system that has, before the
10 effective date of this Section, received and implemented a
11 domestic relations order that directs payment of a benefit to
12 a person other than the regular payee may continue to
13 implement that order, and shall not be liable to the regular
14 payee for any amounts paid in good faith to that other person
15 in accordance with the order.
16 (2) A domestic relations order directing payment of a
17 benefit to a person other than the regular payee that was
18 issued by a court but not implemented by a retirement system
19 prior to the effective date of this Section shall be void.
20 However, a person who is the beneficiary or alternate payee
21 of a domestic relations order that is rendered void under
22 this subsection may petition the court that issued the order
23 for an amended order that complies with this Section.
24 (m) (1) In accordance with Article XIII, Section 5 of
25 the Illinois Constitution, which prohibits the impairment or
26 diminishment of benefits granted under this Code, a QILDRO
27 issued against a member of a retirement system established
28 under an Article of this Code that exempts the payment of
29 benefits or refunds from attachment, garnishment, judgment or
30 other legal process shall not be effective without the
31 written consent of the member if the member began
32 participating in the retirement system on or before the
33 effective date of this Section. That consent must specify
34 the retirement system, the court case number, and the names
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1 and social security numbers of the member and the alternate
2 payee. The consent must accompany the QILDRO when it is
3 filed with the retirement system, and must be in
4 substantially the following form:
5 CONSENT TO ISSUANCE OF QILDRO
6 Court Case Number: ....................
7 Member's Social Security Number: ........................
8 Alternate payee's Social Security Number: ...............
9 I, (name), a member of the (retirement system), hereby
10 consent to the issuance of a Qualified Illinois Domestic
11 Relations Order. I understand that under the Order, certain
12 benefits that would otherwise be payable to me, or to my
13 surviving spouse or estate, will instead be payable to (name
14 of alternate payee). I also understand that my right to
15 elect certain forms of payment of my retirement benefit or
16 member's refund may be limited as a result of the Order.
17 DATED:.......................
18 SIGNED:......................
19 (2) A member's consent to the issuance of a QILDRO shall
20 be irrevocable, and shall apply to any QILDRO that pertains
21 to the alternate payee and retirement system named in the
22 consent.
23 (n) An order issued under this Section shall be in
24 substantially the following form (omitting any provisions
25 that are not applicable):
26 QUALIFIED ILLINOIS DOMESTIC RELATIONS ORDER
27 THIS CAUSE coming before the Court for the purpose of the
28 entry of a Qualified Illinois Domestic Relations Order under
29 the provisions of Section 1-119 of the Illinois Pension Code,
30 the Court having jurisdiction over the parties and the
31 subject matter hereof; the Court finding that one of the
32 parties to this proceeding is a member of a retirement system
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1 subject to Section 1-119 of the Illinois Pension Code, this
2 Order is entered to implement a division of that party's
3 interest in the retirement system; and the Court being fully
4 advised;
5 IT IS HEREBY ORDERED AS FOLLOWS:
6 (1) The definitions and other provisions of Section
7 1-119 of the Illinois Pension Code are adopted by reference
8 and made a part of this Order.
9 (2) Identification of Retirement System and parties:
10 Retirement System: (name and address)
11 Member: (name, residence address and social security
12 number)
13 Alternate payee: (name, residence address and social
14 security number)
15 (3) The Retirement System shall pay the indicated
16 amounts of the following specified benefits to the alternate
17 payee under the following terms and conditions:
18 (i) Of the member's retirement benefit, the
19 Retirement System shall pay to the alternate payee
20 $...... per month, beginning (if the benefit is already
21 being paid, either immediately or on a specified later
22 date; otherwise, on the date the retirement benefit
23 commences), and ending upon the termination of the
24 retirement benefit or the death of the alternate payee,
25 whichever occurs first.
26 (ii) Of any member's refund that becomes payable,
27 the Retirement System shall pay to the alternate payee
28 $...... when the member's refund becomes payable.
29 (4) In accordance with subsection (j) of Section 1-119
30 of the Illinois Pension Code, so long as this QILDRO is in
31 effect, the member may not elect a form of payment of the
32 retirement benefit that has the effect of diminishing the
33 amount of the payment to which the alternate payee is
34 entitled, unless the alternate payee has consented to the
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1 election in writing and this consent has been filed with the
2 retirement system.
3 (5) If the member began participating in the Retirement
4 System before the effective date of this Section, this Order
5 shall not take effect unless accompanied by the written
6 consent of the member as required under subsection (m) of
7 Section 1-119 of the Illinois Pension Code.
8 (6) The Court retains jurisdiction to modify this Order.
9 DATED:.......................
10 SIGNED:......................
11 (o) (1) A court in Illinois that has issued a QILDRO
12 shall retain jurisdiction of all issues relating to the
13 modification of the QILDRO. The Administrative Review Law
14 and the rules adopted pursuant thereto shall govern and apply
15 to all proceedings for judicial review of final
16 administrative decisions of the board of trustees of the
17 retirement system arising under this Section.
18 (2) The term "administrative decision" is defined as in
19 Section 3-101 of the Code of Civil Procedure. The venue for
20 review under the Administrative Review Law shall be the same
21 as is provided by law for judicial review of other
22 administrative decisions of the retirement system.
23 (p) (1) Each retirement system may adopt any procedures
24 or rules that it deems necessary or useful for the
25 implementation of this Section.
26 (2) Each retirement system may by rule modify the model
27 QILDRO form provided in subsection (n) or require that
28 additional information be included in QILDROs presented to
29 the system, as may be necessary to meet the needs of the
30 retirement system.
31 Section 10. The Illinois Marriage and Dissolution of
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1 Marriage Act is amended by changing Sections 452 and 503 as
2 follows:
3 (750 ILCS 5/452)
4 Sec. 452. Petition. The parties to a dissolution
5 proceeding may file a joint petition for simplified
6 dissolution if they certify that all of the following
7 conditions exist when the proceeding is commenced:
8 (a) Neither party is dependent on the other party
9 for support or each party is willing to waive the right
10 to support; and the parties understand that consultation
11 with attorneys may help them determine eligibility for
12 spousal support.
13 (b) Either party has met the residency requirement
14 of Section 401 of this Act.
15 (c) Irreconcilable differences have caused the
16 irretrievable breakdown of the marriage and the parties
17 have been separated 6 months or more and efforts at
18 reconciliation have failed or future attempts at
19 reconciliation would be impracticable and not in the best
20 interests of the family.
21 (d) No children were born of the relationship of
22 the parties or adopted by the parties during the
23 marriage, and the wife, to her knowledge, is not pregnant
24 by the husband.
25 (e) The duration of the marriage does not exceed 8
26 5 years.
27 (f) Neither party has any interest in real
28 property.
29 (g) The parties waive any rights to maintenance.
30 (h) The total fair market value of all marital
31 property, after deducting all encumbrances, is less than
32 $10,000, $5,000 and the combined gross annualized income
33 from all sources is less than $35,000, and neither party
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1 has a gross annualized income from all sources in excess
2 of $20,000 $25,000.
3 (i) The parties have disclosed to each other all
4 assets and their tax returns for all years of the
5 marriage.
6 (j) The parties have executed a written agreement
7 dividing all assets in excess of $100 in value and
8 allocating responsibility for debts and liabilities
9 between the parties.
10 (Source: P.A. 88-39.)
11 (750 ILCS 5/503) (from Ch. 40, par. 503)
12 Sec. 503. Disposition of property.
13 (a) For purposes of this Act, "marital property" means
14 all property acquired by either spouse subsequent to the
15 marriage, except the following, which is known as
16 "non-marital property":
17 (1) property acquired by gift, legacy or descent;
18 (2) property acquired in exchange for property
19 acquired before the marriage or in exchange for property
20 acquired by gift, legacy or descent;
21 (3) property acquired by a spouse after a judgment
22 of legal separation;
23 (4) property excluded by valid agreement of the
24 parties;
25 (5) any judgment or property obtained by judgment
26 awarded to a spouse from the other spouse;
27 (6) property acquired before the marriage;
28 (7) the increase in value of property acquired by a
29 method listed in paragraphs (1) through (6) of this
30 subsection, irrespective of whether the increase results
31 from a contribution of marital property, non-marital
32 property, the personal effort of a spouse, or otherwise,
33 subject to the right of reimbursement provided in
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1 subsection (c) of this Section; and
2 (8) income from property acquired by a method
3 listed in paragraphs (1) through (7) of this subsection
4 if the income is not attributable to the personal effort
5 of a spouse.
6 (b)(1) For purposes of distribution of property pursuant
7 to this Section, all property acquired by either spouse after
8 the marriage and before a judgment of dissolution of marriage
9 or declaration of invalidity of marriage, including
10 non-marital property transferred into some form of
11 co-ownership between the spouses, is presumed to be marital
12 property, regardless of whether title is held individually or
13 by the spouses in some form of co-ownership such as joint
14 tenancy, tenancy in common, tenancy by the entirety, or
15 community property. The presumption of marital property is
16 overcome by a showing that the property was acquired by a
17 method listed in subsection (a) of this Section.
18 (2) For purposes of distribution of property pursuant to
19 this Section, all pension benefits (including pension
20 benefits under the Illinois Pension Code) acquired by either
21 spouse after the marriage and before a judgment of
22 dissolution of marriage or declaration of invalidity of the
23 marriage are presumed to be marital property, regardless of
24 which spouse participates in the pension plan. The
25 presumption that these pension benefits are marital property
26 is overcome by a showing that the pension benefits were
27 acquired by a method listed in subsection (a) of this
28 Section. The right to a division of pension benefits in just
29 proportions under this Section is enforceable under Section
30 1-119 of the Illinois Pension Code.
31 The value of pension benefits in a retirement system
32 subject to the Illinois Pension Code shall be determined in
33 accordance with the valuation procedures established by the
34 retirement system.
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1 The recognition of pension benefits as marital property
2 and the division of those benefits pursuant to a Qualified
3 Illinois Domestic Relations Order shall not be deemed to be a
4 diminishment, alienation, or impairment of those benefits.
5 The division of pension benefits is an allocation of property
6 in which each spouse has a species of common ownership.
7 (c) Commingled marital and non-marital property shall be
8 treated in the following manner, unless otherwise agreed by
9 the spouses:
10 (1) When marital and non-marital property are
11 commingled by contributing one estate of property into
12 another resulting in a loss of identity of the
13 contributed property, the classification of the
14 contributed property is transmuted to the estate
15 receiving the contribution, subject to the provisions of
16 paragraph (2) of this subsection; provided that if
17 marital and non-marital property are commingled into
18 newly acquired property resulting in a loss of identity
19 of the contributing estates, the commingled property
20 shall be deemed transmuted to marital property, subject
21 to the provisions of paragraph (2) of this subsection.
22 (2) When one estate of property makes a
23 contribution to another estate of property, or when a
24 spouse contributes personal effort to non-marital
25 property, the contributing estate shall be reimbursed
26 from the estate receiving the contribution
27 notwithstanding any transmutation; provided, that no such
28 reimbursement shall be made with respect to a
29 contribution which is not retraceable by clear and
30 convincing evidence, or was a gift, or, in the case of a
31 contribution of personal effort of a spouse to
32 non-marital property, unless the effort is significant
33 and results in substantial appreciation of the
34 non-marital property. Personal effort of a spouse shall
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1 be deemed a contribution by the marital estate. The
2 court may provide for reimbursement out of the marital
3 property to be divided or by imposing a lien against the
4 non-marital property which received the contribution.
5 (d) In a proceeding for dissolution of marriage or
6 declaration of invalidity of marriage, or in a proceeding for
7 disposition of property following dissolution of marriage by
8 a court which lacked personal jurisdiction over the absent
9 spouse or lacked jurisdiction to dispose of the property, the
10 court shall assign each spouse's non-marital property to that
11 spouse. It also shall divide the marital property without
12 regard to marital misconduct in just proportions considering
13 all relevant factors, including:
14 (1) the contribution of each party to the
15 acquisition, preservation, or increase or decrease in
16 value of the marital or non-marital property, including
17 the contribution of a spouse as a homemaker or to the
18 family unit;
19 (2) the dissipation by each party of the marital or
20 non-marital property;
21 (3) the value of the property assigned to each
22 spouse;
23 (4) the duration of the marriage;
24 (5) the relevant economic circumstances of each
25 spouse when the division of property is to become
26 effective, including the desirability of awarding the
27 family home, or the right to live therein for reasonable
28 periods, to the spouse having custody of the children;
29 (6) any obligations and rights arising from a prior
30 marriage of either party;
31 (7) any antenuptial agreement of the parties;
32 (8) the age, health, station, occupation, amount
33 and sources of income, vocational skills, employability,
34 estate, liabilities, and needs of each of the parties;
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1 (9) the custodial provisions for any children;
2 (10) whether the apportionment is in lieu of or in
3 addition to maintenance;
4 (11) the reasonable opportunity of each spouse for
5 future acquisition of capital assets and income; and
6 (12) the tax consequences of the property division
7 upon the respective economic circumstances of the
8 parties.
9 (e) Each spouse has a species of common ownership in the
10 marital property which vests at the time dissolution
11 proceedings are commenced and continues only during the
12 pendency of the action. Any such interest in marital
13 property shall not encumber that property so as to restrict
14 its transfer, assignment or conveyance by the title holder
15 unless such title holder is specifically enjoined from making
16 such transfer, assignment or conveyance.
17 (f) In a proceeding for dissolution of marriage or
18 declaration of invalidity of marriage or in a proceeding for
19 disposition of property following dissolution of marriage by
20 a court that lacked personal jurisdiction over the absent
21 spouse or lacked jurisdiction to dispose of the property, the
22 court, in determining the value of the marital and
23 non-marital property for purposes of dividing the property,
24 shall value the property as of the date of trial or some
25 other date as close to the date of trial as is practicable.
26 (g) The court if necessary to protect and promote the
27 best interests of the children may set aside a portion of the
28 jointly or separately held estates of the parties in a
29 separate fund or trust for the support, maintenance,
30 education, and general welfare of any minor, dependent, or
31 incompetent child of the parties. In making a determination
32 under this subsection, the court may consider, among other
33 things, the conviction of a party of any of the offenses set
34 forth in Section 12-4, 12-4.1, 12-4.2, 12-4.3, 12-13, 12-14,
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1 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 if the
2 victim is a child of one or both of the parties, and there is
3 a need for, and cost of, care, healing and counseling for the
4 child who is the victim of the crime.
5 (h) Unless specifically directed by a reviewing court,
6 or upon good cause shown, the court shall not on remand
7 consider any increase or decrease in the value of any
8 "marital" or "non-marital" property occurring since the
9 assessment of such property at the original trial or hearing,
10 but shall use only that assessment made at the original trial
11 or hearing.
12 (i) The court may make such judgments affecting the
13 marital property as may be just and may enforce such
14 judgments by ordering a sale of marital property, with
15 proceeds therefrom to be applied as determined by the court.
16 (j) After proofs have closed in the final hearing on all
17 other issues between the parties (or in conjunction with the
18 final hearing, if all parties so stipulate) and before
19 judgment is entered, a party's petition for contribution to
20 fees and costs incurred in the proceeding shall be heard and
21 decided, in accordance with the following provisions:
22 (1) A petition for contribution, if not filed
23 before the final hearing on other issues between the
24 parties, shall be filed no later than 30 days after the
25 closing of proofs in the final hearing or within such
26 other period as the court orders.
27 (2) Any award of contribution to one party from the
28 other party shall be based on the criteria for division
29 of marital property under this Section 503 and, if
30 maintenance has been awarded, on the criteria for an
31 award of maintenance under Section 504.
32 (3) The filing of a petition for contribution shall
33 not be deemed to constitute a waiver of the
34 attorney-client privilege between the petitioning party
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1 and current or former counsel; and such a waiver shall
2 not constitute a prerequisite to a hearing for
3 contribution. If either party's presentation on
4 contribution, however, includes evidence within the scope
5 of the attorney-client privilege, the disclosure or
6 disclosures shall be narrowly construed and shall not be
7 deemed by the court to constitute a general waiver of the
8 privilege as to matters beyond the scope of the
9 presentation.
10 (4) No finding on which a contribution award is
11 based or denied shall be asserted against counsel or
12 former counsel for purposes of any hearing under
13 subsection (c) or (e) of Section 508.
14 (5) A contribution award (payable to either the
15 petitioning party or the party's counsel, or jointly, as
16 the court determines) may be in the form of either a set
17 dollar amount or a percentage of fees and costs (or a
18 portion of fees and costs) to be subsequently agreed upon
19 by the petitioning party and counsel or, alternatively,
20 thereafter determined in a hearing pursuant to subsection
21 (c) of Section 508 or previously or thereafter determined
22 in an independent proceeding under subsection (e) of
23 Section 508.
24 (6) The changes to this Section 503 made by this
25 amendatory Act of 1996 apply to cases pending on or after
26 June 1, 1997, except as otherwise provided in Section
27 508.
28 (Source: P.A. 88-45; 89-428, eff. 12-13-95; 89-462, eff.
29 5-29-96; 89-712, eff. 6-1-97.)
30 Section 99. Effective date. This Act takes effect July
31 1, 1999 or 6 months after becoming law, whichever is later.".