750 Ill. Comp. Stat. § 5/503

Pension benefits tied to contributions made during the marriage are marital property.

In re Marriage of Juiris · filed 2018-01-22(b)(2)

Since half the money liquidated was petitioner’s ($56,500), the trial court could readily conclude this represented his temporary support obligation. 750 ILCS 5/503(b)(2) (West 2016) (pension benefits tied to contributions made during the marriage are marital property).

Section 503’s marital-property classification applies to division upon dissolution or legal separation; it does not determine ownership between spouses during marriage.

Illini Bank v. Clark (In Re Snyder) · filed 2010-08-25(b)

The Illinois Supreme Court has made it clear that the statutory concept of marital property, 750 ILCS 5/503, is defined only for the purposes of division on dissolution of marriage or legal separation and has no application during the marriage.

Section 503(b)(1)'s rebuttable marital property presumption is expressly limited to property distribution in dissolution proceedings.

In Re Innis · filed 2005-09-07(b)(1)

Although the statutory provision upon which the DEBTOR relies as establishing a rebuttable presumption that the tax refund, received post-marriage, is marital property, is expressly limited in its application to the distribution of property in a proceeding for dissolution of marriage, 750 ILCS 5/503(b)(1), the Court believes that the concept of marital property is properly viewed as a reflection of the public policy of the State of Illinois that marriage is a shared partnership.

Section 503(c)(1)(B) treats newly acquired property bought with commingled marital and nonmarital funds as marital property when the contributing estates lose their identity.

In re Marriage of Taylor · filed 2021-08-17(c)(1)(B)

Again, these newly acquired assets mandate the application of section 503(c)(1)(B), which in turn verifies the FAM account’s marital classification.

A spouse claiming that premarital retirement contributions increased in value must prove that gain by clear and convincing evidence to treat it as nonmarital property.

In re Marriage of O'Malley · filed 2021-08-03(a)(7)

As noted above, however, it was respondent’s burden to prove by clear and convincing evidence the gain in value of his initial contributions to the retirement accounts. As the trial court reasonably found, respondent failed to present any competent evidence of how the $20,000 was invested or how much it grew from year to year. Thus, the trial court did not err in rejecting his testimony regarding the gain in value of the pre-marital retirement contributions.

Section 503(a)(6.5) treats a loan secured solely by one spouse’s nonmarital property and used to improve it as that spouse’s nonmarital debt, even when both spouses signed the loan.

In re Marriage of Wingert · filed 2021-07-02(a)(6.5)

Turning to the statute, we conclude section 503(a)(6.5) applies to the assets and debts associated with the 2013 loan, assigned by the trial court to Russell. ... As a matter of law, we agree the 2013 loan was “acquired by a spouse,” Hiemi, “by the sole use” of the nonmarital home and property “as collateral.”

Section 503(a)(6.5) allows property acquired during marriage to be classified as nonmarital when the acquisition loan is secured solely by nonmarital property.

In re Marriage of Swift · filed 2021-06-18(a)(6.5)

These facts do not establish, as Andrew argues, that the warehouse was acquired by Andrew by using Cushioneer as collateral for a loan for the warehouse, as would be required by section 503(a)(6.5) of the Act.

Section 503(a)(6.5) excludes property acquired during marriage with a loan secured solely by nonmarital property from the marital estate.

In re Marriage of Brown · filed 2021-08-12(a)(6.5)

Section 503(a)(6.5) excepts from marital property “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.” 750 ILCS 5/503(a)(6.5) (West 2018). Since respondent utilized nonmarital property as collateral for the loan to acquire the Cedar Ridge residence, we find that the circuit court’s determination that the Cedar Ridge residence was respondent’s nonmarital property was not against the manifest weight of the evidence.

Section 503(a)(5) excludes a judgment awarded to one spouse from the other from marital property, but does not extend that exception to a personal injury settlement.

In re Marriage of Agee · filed 2021-06-15(a)(5)

Contrary to James’s assertions, nothing in Baecker supports the proposition that the exception to the presumption of marital property found in section 503(a)(5) of the Act, providing that judgments awarded to a spouse from the other spouse are nonmarital property, should be extended to the personal injury settlement received by James in this case.

Section 503(c)(1)(B) treats property acquired with commingled marital and nonmarital assets as marital when the contributions lose their separate identities.

Hendricks v. Petersen Health Quality, LLC · filed 2021-04-09(c)(1)(B)

When marital assets are comingled with nonmarital assets to acquire new property resulting in a loss of identity of the contributing estates, the property is deemed marital. See id.; 750 ILCS 5/503(c)(1)(B) (West 2020). ... Because the IH 884 tractor was paid for, in part, by marital funds and Donald presented no evidence regarding the amount of nonmarital funds used to purchase the tractor, the trial court properly found the new tractor was marital property.

A spouse’s capital account with an ascertainable present value is marital property subject to division, even if payment will occur later.

In re Marriage of Nutter · filed 2020-06-18(d)

The value of Michael’s capital account does not amount to a mere expectancy interest as does a potential inheritance or the beneficial interest in an inter vivos revocable trust.

Income from nonmarital property is nonmarital under section 503(a)(8) if it is not attributable to a spouse’s personal effort.

In re Marriage of Stephenson · filed 2020-04-03(a)(8)

Under section 503(a)(8) of the Act (750 ILCS 5/503(a)(8) (West 2016)), income from nonmarital property is itself nonmarital if it is not attributable to the personal effort of a spouse.

Income from property acquired before marriage is marital unless the spouse claiming it as nonmarital proves by clear and convincing evidence that it was not attributable to a spouse’s personal effort.

In re Marriage of Romero · filed 2021-09-14(a)(8)

Regardless of whether the relevant inquiry concerns the personal effort of the owning spouse, the non-owning spouse, or either spouse, we find petitioner has not proven by clear and convincing evidence the rental income was “not attributable to the personal effort of a spouse.” 750 ILCS 5/503(a)(8) (West 2018). Therefore, we find the trial court erroneously classified the rental income as nonmarital property.

Permissive military service credit purchased with marital funds during marriage is marital property, even when the military service occurred before marriage.

In re Marriage of Zamudio · filed 2019-11-21(a)(6)

The military service, therefore, only made Frank eligible to purchase or “acquire” the permissive service credit through the monetary contribution required by the Pension Code. The permissive service credit was not “property acquired before the marriage,” as required to fall under the exception to marital property contained in section 503(a)(6) of the Act. 750 ILCS 5/503(a)(6) (West 2016).

Pension service credit for premarital military service is marital property when the credit is purchased with marital funds during the marriage.

In re Marriage of Zamudio · filed 2020-11-02(a)(6)

The permissive service credit was not “property acquired before the marriage,” as required to fall under the exception to marital property contained in section 503(a)(6) of the Act. ... It is undisputed that the monetary contributions to purchase the permissive service credit were made with marital funds during the marriage. Accordingly, we conclude that the permissive service credit was acquired during the marriage and it is, therefore, marital property.

Pension benefits acquired during marriage are presumed marital property, including benefits paid to a designated beneficiary after the pensioner’s death.

In re Marriage of Fisher · filed 2021-05-14(b)(2)

The nature of the payments will not change if petitioner dies. They will still be pension benefits—and “all pension benefits *** acquired by or participated in by either spouse after the marriage and before a judgment of dissolution *** are presumed to be marital property.” Id. § 503(b)(2).

A pension enhancement obtained during marriage with marital funds is marital property subject to equitable division, even when eligibility depends on premarital service.

Zamudio v. Ochoa · filed 2019-02-20

In sum, we find that the trial court erred in determining that the 48-month permissive service credit was nonmarital property.

Military service credit purchased during marriage with marital funds is marital property even when the qualifying military service predates the marriage.

In re Marriage of Zamudio · filed 2019-08-12

In sum, we find that the trial court erred in determining that the 48-month permissive service credit was nonmarital property.

Section 503(b)(1)’s estate or tax planning language applies to transfers of nonmarital property into spousal co-ownership.

In re Marriage of James · filed 2018-05-31(b)(1)

When section 503(b)(1) is read as a whole, it becomes clear that the phrase “estate or tax planning purposes” modifies the previous sentence regarding the transfer of nonmarital property into some form of co-ownership between the spouses.

Pension service credits purchased during marriage with marital funds can be marital property even when eligibility for the credits rests on premarital military service.

In re Marriage of Zamudio · filed 2019-02-20

In sum, we find that the trial court erred in determining that the 48-month permissive service credit was nonmarital property. Thus, we reverse the trial court on that question and remand for an equitable distribution of the marital value of the defendant’s pension annuity.

Section 503(a)(1)’s gift exception does not apply when the alleged donor retains future control over the funds used to buy the property.

In re Marriage of Brill · filed 2017-10-10(a)(1)

At trial, Randy relied on section 503(a)(1) of the Act, which provides that nonmarital property includes “property acquired by gift.” 750 ILCS 5/503(a)(1) (West 2016). ... Because Stephanie did not absolutely and irrevocably relinquish future dominion of the 401(k) money used to purchase the house, the money was not a gift to Randy.

Property acquired during marriage is not excluded as a gift when the alleged donor retains a claim to the funds used to buy it.

In re Marriage of Brill · filed 2017-07-13(a)(1)

Because Stephanie did not absolutely and irrevocably relinquish future dominion of the 401(k) money used to purchase the house, the money was not a gift to Randy.

A cause of action is marital property if it accrues during the marriage, when the claimant first has a right to sue for damages.

In re Marriage of Rivera · filed 2016-09-30(a)

We find the rule is that the classification of a cause of action as marital or nonmarital property depends on whether the cause of action accrues during the marriage, meaning the date that the claimant had a right to file a claim for damages.

Section 503 classifies a cause of action as marital property if it accrues during the marriage, even when the injury occurred earlier.

In re Marriage of Rivera · filed 2016-11-03(a)

Because the lawsuit accrued in 2011, during the marriage, it is marital property subject to distribution pursuant to the factors set forth in section 503 of the Dissolution Act.

Section 503(a) classifies a cause of action as marital property if the right to sue accrues during the marriage, even if the injury occurred earlier.

In re Marriage of Rivera · filed 2016-12-07(a)

Because the lawsuit accrued in 2011, during the marriage, it is marital property subject to distribution pursuant to the factors set forth in section 503 of the Dissolution Act.

Section 503(c)(1) raises a rebuttable presumption of a gift to the marital estate when a spouse uses nonmarital funds to pay down the mortgage on a jointly held marital home.

In re Marriage of Vondra · filed 2016-07-18(c)(1)

It also properly found that by using those moneys to pay down the mortgage on the jointly held marital residence, a presumption arose that respondent intended to make a gift to the marital estate.

Nonmarital funds used to pay down the mortgage on a jointly held marital residence are presumed to be a gift to the marital estate.

In re Marriage of Vondra · filed 2016-09-30(c)(1)

It also properly found that by using those moneys to pay down the mortgage on the jointly held marital residence, a presumption arose that respondent intended to make a gift to the marital estate.

Section 503(a)(1) treats stock received as a spouse’s share of a trust as nonmarital property when loan guaranties and marital collateral merely facilitate the distribution.

In re Marriage of Asta · filed 2016-06-27(a)(1)

Cathy met her burden to prove by clear and convincing evidence that she acquired the Olsun stock by “gift, legacy or descent” such that it is her nonmarital property pursuant to section 503(a)(1) of the Act.

Property acquired during marriage is presumed marital, and the spouse claiming otherwise must prove a nonmarital source by clear and convincing evidence.

In re Marriage of Stuhr · filed 2016-06-24(b)(1)

However, as noted, in order to rebut the presumption that the property was marital, respondent had the burden of proving that the source of funds was nonmarital by clear and convincing evidence.

Section 503(b)(1) presumes that property acquired during marriage is marital property; the spouse claiming otherwise must prove a nonmarital source by clear and convincing evidence.

In re Marriage of Stuhr · filed 2016-08-29(b)(1)

However, as noted, in order to rebut the presumption that the property was marital, respondent had the burden of proving that the source of funds was nonmarital by clear and convincing evidence.

Section 503 classifies property acquired by gift or before marriage as nonmarital property.

In Re Marriage of Kerman · filed 1993-12-06(a)(1), (a)(6)

The Act includes among its definitions of nonmarital property “property acquired by gift” and “property acquired before the marriage.” ... Therefore, we find that the trial court erred in classifying the Quaker Oats stock, as well as the Commonwealth Edison stock, as marital property.

Section 503(d) generally makes a spouse responsible for debts incurred on account of that spouse's nonmarital assets.

In Re Marriage of Toole · filed 1995-07-27(d)

Just as a party is entitled to retain nonmarital assets, a party is also subject to liability, absent special circumstances, for debts incurred on account of those assets. (750 ILCS 5/503(d) (West 1992); In re Marriage of Lees (1992), 224 Ill.App.3d 691, 694, 167 Ill.Dec. 135, 587 N.E.2d 17.) Thus, the trial court did not err when it ordered Michael to repay the $27,883 into the marital estate.

Section 503(a)(2) does not classify a home as nonmarital property merely because one spouse contributed nonmarital funds when the purchase also used marital funds.

In Re Marriage of Hegge · filed 1996-12-03(a)(2)

Rather, when she contributed nonmarital assets, the proceeds from the Merrill property sale, to the marital estate for the purchase of the Petunia property, her funds were transmuted .from nonmarital to marital. ... Therefore, Marilyn cannot now claim that the Petunia property was acquired in exchange for nonmarital property.

Section 503(a)(8) treats income from one spouse’s nonmarital property as marital income when a spouse’s personal effort produces it.

In Re Marriage of Dunlap · filed 1998-01-22(a)(8)

Section 503(a)(8) of the Act provides that income from the non-marital property of one spouse is marital income if the income is attributable to the personal effort of a spouse. 750 ILCS 57503(a)(8) (West 1996). Both John and Kay testified that they worked side-by-side, as partners, in their farming operations. Because their personal efforts produced the farm income, it was marital property.

Section 503 treats stock options granted to offset a loss in the value of marital stock as marital property if and when the options are exercised.

In Re Marriage of Isaacs · filed 1994-03-30

The economic reality of the ESOP transaction was that the options, granted contemporaneously to the deal, were to offset or compensate Suzanne for the diminution in value of her SVE stock. However, as these options are contingent upon the passage of time and retention of employment, they shall only become marital property under section 503 of the Act (Ill. Rev. Stat. 1985, ch. 40, par. 503 (now 750 ILCS 5/503 (West 1992))) if and when they are exercised.

Section 503(b) presumes that property acquired during marriage is marital property, and a spouse’s assertion of intent alone does not overcome the presumption that jointly held property is marital.

In Re Marriage of Smith · filed 1994-07-26(b)

We conclude that petitioner’s self-serving assertion of his intent in this case was not clear and convincing evidence sufficient to rebut the presumption. If joint tenancy property could be made nonmarital so easily, section 503(b) might as well have not been included in the Act.

Section 503 treats a workers’ compensation award as marital property when the claim accrues during marriage, regardless of when the award is received.

In Re Marriage of Hall · filed 1996-03-20

This court held in In re Marriage of Dettore, 86 Ill. App. 3d 540, 408 N.E.2d 429 (1980), that where a claim for a workers’ compensation award accrues during marriage, the award is marital property, regardless of when it is received. We reaffirmed that decision in In re Marriage of Thomas, 89 Ill. App. 3d 81, 411 N.E.2d 552 (1980), and we continue to adhere to it in this case. As noted in Dettore, the classification of property as marital or nonmarital is controlled by section 503 of the Illinois Marriage and Dissolution of Marriage Act (the Act) (750 ILCS 5/503 (West 1994)).

Section 503(a) treats a workers' compensation award as marital property when the claim accrued during the marriage, even if the award compensates future lost earnings.

In Re Marriage of DeRossett · filed 1996-09-19(a)

Therefore, we agree with the appellate court herein that, under the Act, petitioner's workers' compensation award constitutes marital property because the claim accrued during the marriage of the parties.

Section 503 treats personal injury settlement proceeds acquired during marriage as marital property, including compensation for pain and suffering.

In re Marriage of Pace · filed 1996-04-08(a), (b)

Section 503 of the Illinois Marriage and Dissolution of Marriage Act (the Act) creates a rebuttable presumption that all property acquired after marriage is marital property. 750 ILCS 5/503(b) (West 1992). Personal injury awards do not fall under any of the statutory exceptions defining nonmarital property under section 503(a) of the Act. See 750 ILCS 5/503(a) (West 1992). ... We therefore find that James’ personal injury settlement is marital property under Illinois law and affirm the judgment of the trial court.

Section 5/503’s marital-property classification does not create a present property interest during marriage; it operates upon dissolution.

United States v. 47 West 644 Route 38, Maple Park, Illinois · filed 1997-04-25(c)(1)

The Act does not purport to affect property interests during the marriage. The term “marital property” is a nomenclature devised to realize an equitable distribution of property upon termination of the marriage. Operation of the term “marital property” under the Act is not triggered until the time of dissolution.

Marital funds deposited into a premarital checking account over 16 years and used for family and farm expenses did not become nonmarital property.

In Re Marriage of Henke · filed 2000-04-26(c)(1)

Under the circumstances, we do not believe that the marital funds put into the checking account were transmuted to nonmarital property. Rather, we hold that, under the unique circumstances of this case, the checking account contained marital funds and therefore was properly characterized as marital property.

Property acquired during marriage is presumed marital, and placing nonmarital property in joint ownership raises a rebuttable presumption of a gift to the marital estate.

In Re Marriage of Gattone · filed 2000-11-15(b)(1)

Pursuant to section 503(b)(1) of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/503(b)(l) (West 1998)), there is a rebuttable presumption that all property acquired by either spouse after the marriage and before a judgment of dissolution of marriage, including nonmarital property transferred into some form of co-ownership between the spouses, is marital property. ... Placing the property in joint tenancy was an affirmative act by Michael that raised the presumption that he intended to make a gift of the property to the marital estate.

Section 503(a)(7) treats the increase in value attributable to nonmarital property as nonmarital property.

In Re Marriage of Raad · filed 1998-12-30(a)(7)

The increase in value attributed to the $24,446.37 of nonmarital property is also petitioner's nonmarital property.

Section 503(a)(4) does not exclude an IRA from marital property when a spouse’s consent form waives rights only under community property law and designates beneficiaries.

In Re Marriage of Gurda · filed 1999-04-23(a)(4)

In its order, the circuit court first decided that the agreement only constituted a waiver under community property laws, and since Illinois is not a community property state, the waiver does not apply. Second, the circuit court found that the language of the agreement only applies to naming beneficiaries, not waiving rights of equitable distribution under the Dissolution Act. We agree with these findings.

Section 503(b) presumes that nonmarital property placed in co-ownership during marriage is marital property unless the presumption is rebutted.

In Re Marriage of Johns · filed 2000-02-10(b)

In the instant case, it was undisputed that the marital residence, including the lot and garage, was placed in some form of co-ownership during the marriage. There was absolutely no evidence offered to rebut the presumption of a gift. Instead, the evidence showed that both parties occupied the property as their residence, the real estate taxes on the property were paid from marital funds, and both parties contributed to the management and upkeep of the premises throughout the marriage. Accordingly, we find that the trial court erred in ruling that it was free to ignore the presumption that the lot and garage were gifts to the marital estate.

Section 503 treats pension benefits earned during marriage as marital property subject to division upon dissolution.

Robson v. ELECTRICAL CONTRACTORS ASS'N · filed 2000-04-12

Pension trust benefits earned by an employee spouse while married are "property" acquired during the marriage within the meaning of section 503 of the Dissolution Act (750 ILCS 5/503 (West 1996)) and are, thus, marital property subject to division between the spouses upon dissolution of their marriage.

Section 503(a)(5) treats a judgment awarded to one spouse against the other as nonmarital property, but does not treat an unadjudicated cause of action that way.

Partipilo v. Partipilo · filed 2002-05-17(a)(5)

Contrary to Maria’s assertions, section 503(a)(5) does not provide that a cause of action can constitute nonmarital property; it states that a judgment can constitute nonmarital property.

Section 503(d)(7) allows premarital agreements to address marital property and directs courts to consider them when dividing property.

In Re Marriage of Barnes · filed 2001-08-28(d)(7)

Since 1977, section 503 of the Dissolution Act has allowed premarital agreements that deal with questions of marital property.

Section 503 treats the portion of a contingent stock bonus earned during the marriage as marital property if the employee later receives it.

In Re Marriage of Peters · filed 2001-12-13(b)(1)

However, the court must reserve jurisdiction and, if petitioner receives the bonus, determine then how much of the bonus is attributable to petitioner’s efforts during the marriage. That portion of the bonus is marital property subject to division.

Section 503(e) gives each spouse a vested interest in marital property during dissolution proceedings, but a beneficial interest in the other spouse’s revocable trust is a mere expectancy.

In Re Marriage of Centioli · filed 2002-11-27(e)

Thus, during the pendency of the divorce proceedings Debora has a vested interest in all marital property regardless of which party holds title to it. ... Thus, Debora’s right to a beneficial interest in Gerard’s trust was but a mere expectancy.

Section 503 treats retirement benefits earned during marriage as marital property; an assignment based on that marital interest cannot reach a fund that did not exist at dissolution.

In Re Marriage of Thomas · filed 2003-05-05(b)(2)

Pension trust benefits earned by an employee spouse while married are “property” acquired during the marriage pursuant to section 503 of the Marriage Act (750 ILCS 5/503 (West 2000)) and are, thus, marital property subject to division between the spouses upon dissolution of their marriage. ... However, the value of the assignment should not exceed the value of the retirement accounts at the time of the marriage dissolution because only that “beneficial interest was acquired during the marriage.” Smithberg, 192 Ill. 2d at 303. Therefore, Lynn is not entitled to any portion of a fund that did not exist at the time of the dissolution.

Property titled solely in one spouse's name remains presumptively marital, but clear, convincing, and unmistakable evidence of a gift can establish it as the recipient spouse's nonmarital property.

In re Marriage of Barnett · filed 2003-12-05(b)(1)

Even where title is placed solely in one person's name, however, there is a presumption that the property is marital property, which presumption can be overcome only by clear, convincing, and unmistakable evidence. ... The trial court's decision to classify the $1,551,616.48 Fidelity account No. X53094005 as petitioner's nonmarital property was not against the manifest weight of the evidence.

When marital and nonmarital funds lose their separate identities in an investment account, section 503(c)(1) treats the commingled property as marital even if the account was opened before marriage.

In Re Marriage of Mouschovias · filed 2005-07-14(c)(1)

There is not a loss of identity by one estate; there is a loss of identity by both estates. In that situation, "the commingled property shall be deemed transmuted to marital property." 750 ILCS 5/503(c)(1) (West 2002). ... We do not see it as particularly significant that the brokerage account in Davis was opened after the marriage while the accounts here were opened prior (in one case five days prior) to the marriage. We should ignore the receptacle and look to the funds.

Section 503(a) treats a child support arrearage as nonmarital property when the underlying right to support arose before the marriage being dissolved.

In Re Marriage of Edwards · filed 2006-11-29(a)

Rather, the source-of-funds rule is an interpretive aid used by the courts to determine, within the meaning of the plain language of section 503(a), whether property was acquired prior to or subsequent to the marriage in question and, thus, whether it is or is not marital property. In the case at bar, the right to the child support arrearage may be traced to the judgment dissolving the petitioner’s previous marriage to Mattingly and awarding child support to the petitioner for the benefit of her children, a judgment that preceded the petitioner’s marriage to the respondent and the purge order and judgment for the arrearage.

Section 503(a) leaves property acquired before marriage with the acquiring spouse alone.

In Re Okon · filed 2004-06-15(a)

Where one spouse acquires property before the marriage, on the other hand, the other spouse has no interest in it. The property belongs to the acquiring spouse alone.

Nonmarital property placed in joint tenancy with a spouse is presumed to be a gift to the marital estate.

In Re Marriage of Berger · filed 2005-05-17(a)

Even though property might be considered nonmarital under section 503(a) of the Illinois Marriage and Dissolution of Marriage Act (the Act) (750ILCS 5/503(a) (West 2002)), courts will presume a spouse who placed nonmarital property in joint tenancy with the other spouse intended to make a gift to the marital estate. ... We conclude Robert did not overcome the presumption that the deposits were gifts to the marriage.

Property acquired during marriage is presumed marital regardless of how title is held.

In re: Marriage of Samardzija · filed 2006-06-09(b)(1)

Accordingly, we find that the Orland Park home, built by the parties during the marriage, was presumptively marital property.

Property acquired during a marriage is presumed marital regardless of how title is held.

Seleman v. Manassa · filed 2007-03-16(b)

The statute creates a rebuttable presumption that property acquired during the marriage is marital, regardless of how title is held. ... Because we find evidence from which a jury could conclude that at least some of the assets Hamed dissipated constituted marital assets, and that Plaintiff was entitled to at least a portion of these assets in the divorce, we decline to grant summary judgment on this ground.

Property acquired by either spouse after marriage is presumed marital regardless of whose name holds title, unless it qualifies as nonmarital property.

In Re Marriage of Takata · filed 2008-06-13(a)

The respondent has an actual interest in the IRA in the third-party defendant’s name as it is the respondent and third-party defendant’s marital property. Marital property is presumed to be “all property acquired by either spouse subsequent to the marriage,” regardless of whether the title to the property is held individually or in some form of co-ownership. 750 ILCS 5/503(a) (West 2006). This presumption may be overcome if it can be shown that the property qualifies as nonmarital property.

When section 503(b)'s presumption that property acquired during marriage is marital conflicts with the presumption that a transfer from parent to child is a gift, the presumptions cancel and neither party must prove its position by clear and convincing evidence.

In Re Marriage of Wanstreet · filed 2006-03-27(b)

We agree with In re Marriage of Didier that these presumptions cancel each other out and that neither party should have to prove his or her case by clear and convincing evidence.

Passing nonmarital rental proceeds through a joint account to pay for property does not make the property marital when the account serves only as a conduit.

In Re Marriage of Heroy · filed 2008-09-17(c)(1)

The placement of the funds into the couple’s joint checking was simply a conduit to transfer money, which allowed David to satisfy his payment obligations. We thus disagree with Donna that the simple fact that the rental proceeds from the 803 Wohlert Street property “flowed through the parties’ joint account” rendered the property a marital asset.

Section 503(c)(1) treats assets acquired during marriage with commingled marital and nonmarital funds as marital property when the funds lose their separate identity.

In Re Marriage of Demar · filed 2008-09-29(c)(1)

Once marital and nonmarital funds are commingled and lose their identity through acquisition of newly created assets during the marriage, the assets are marital.

Section 503(d) permits division of marital property but requires nonmarital property to be assigned to its owner.

In Re Marriage of Sturm · filed 2012-06-12(d)

The significance of a determination that property is marital or nonmarital is that marital property may be divided, but nonmarital property must be assigned to the owner. 750 ILCS 5/503(d) (West 2010).

Section 503(b)(1) treats a former spouse’s share of marital pension benefits as an ownership interest that may be allocated upon divorce.

In Re Marriage of Winter · filed 2008-11-24(b)(1)

Where pension benefits are marital property, former spouses are not considered creditors. 750 ILCS 5/503(b)(l) (West 2006). It is well settled that the spouse of a member of a pension fund obtains an ownership interest in the benefits as marital property, which in the course of a dissolution of marriage may be allocated between spouses without regard to membership in the pension fund.

Income from a spouse’s nonmarital property is marital unless the spouse proves by clear and convincing evidence that it was not attributable to the spouse’s personal efforts.

In Re Marriage of Schmitt · filed 2009-04-30(a)(8)

Section 503(a)(8) of the Act provides that income from nonmarital property of a spouse becomes marital income unless the spouse claiming that it is nonmarital proves by clear and convincing evidence that the income is “not attributable to the personal efforts of [the] spouse.” 750 ILCS 5/503(a)(8) (West 2006); see In re Marriage of Dunlap, 294 Ill. App. 3d 768, 779 (1998).

Section 503(a)(8) treats income from premarital property attributable to a spouse’s personal effort as marital property, including retained earnings found to be that spouse’s income.

In Re Marriage of Lundahl · filed 2009-11-25(a)(8)

We therefore find that section 503(a)(8) of the Act applies. Section 503(a)(8) states that income from property acquired prior to marriage is nonmarital property if it is not attributable to the personal effort of a spouse. See 750 ILCS 5/503(a)(8) (West 2006). Lundahl was the sole owner and shareholder of AIS, and thus the income of AIS during the marriage was attributable to Lundahl, making such income marital property. Accordingly, pursuant to both Joynt and the statute, the retained earnings of AIS were properly classified as marital property by the trial court.

Income from a spouse's nonmarital property is marital income when it is attributable to a spouse's personal effort.

In Re Marriage of Bradley · filed 2011-12-06(a)(8)

Section 503(a)(8) of the Dissolution Act provides that income from the nonmarital property of one spouse is marital income if the income is attributable to the personal effort of a spouse. 750 ILCS 5/503(a)(8) (West 2008). ... Because Bobby's personal efforts produced the farm income, and "the source of the cash in the P.O.D. account was undisputed; it came from farm income," the POD account was marital property.

Section 503(a) excludes accrued vacation and sick days from marital property, but payments received for those days before dissolution are marital property.

Marriage of Abrell v. Abrell · filed 2010-02-04(a)

Accordingly, we find that accrued vacation and sick days are not marital property subject to distribution in a dissolution of marriage action. ... We agree that when a party has actually received payment for vacation and/or sick days accrued during marriage prior to a judgment for dissolution, the payment for those days is marital property subject to distribution in the marital estate.

Proceeds from nonmarital trading remain nonmarital unless facts support commingling or reimbursement to the marital estate.

In Re Marriage of Goldsmith · filed 2011-08-26(c)(2)

Because the settlement from the Pinez litigation was the result of the respondent's trading activities, the settlement is likewise nonmarital property, unless commingling of marital and nonmarital property occurred under section 503(c)(2) of the Act. ... The petition is barren of any allegation that the Pinez litigation award was transformed into a marital asset by commingling or otherwise.

Property acquired before marriage may be marital property if it was acquired in contemplation of marriage.

In Re Marriage of Weisman · filed 2011-09-28(a)(6), (a)(7)

Although property acquired before marriage is generally not considered marital property, it may be characterized as such where it was acquired "in contemplation of marriage." ... We thus conclude that the circuit court's finding that the Cleveland house is petitioner's nonmarital property because it was not purchased in contemplation of marriage is against the manifest weight of the evidence.

Property acquired by a spouse before marriage is nonmarital property under § 5/503(a)(6).

United States v. Burge · filed 2011-12-19(a)(6)

Finally, Petitioner Dianna L. Burge’s claim fails because, as a matter of law, the subject property is not marital property. In Illinois, “ ‘marital property’ means all property acquired by either spouse subsequent to the marriage, except the following, which is known as ‘non-marital property: ... property acquired before the marriage.” 750 ILCS 5/503(a)(6); ... In this case, the Defendant owned and resided at the subject property for more than a decade before he married Petitioner Dianna L. Burge. ... Accordingly, the Court concludes that Petitioner Dianna L. Burge does not have a marital interest in the property.

Section 503(a)(1) treats property acquired by gift as nonmarital property.

In Re Marriage of Romano · filed 2012-03-21(a)(1)

Because the evidence supports a finding that Daniel's acquisition of these 12 shares of RBBC stock from his siblings constituted a gift, the trial court could have reasonably determined that they constituted Daniel's nonmarital property. Accordingly, we cannot say that the trial court's classification of them as Daniel's nonmarital property is against the manifest weight of the evidence.

Section 5/503(a) generally treats property acquired by either spouse during the marriage as marital property.

In re Batista-Sanechez · filed 2013-05-31(a)

Similarly, under the Illinois Marriage and Dissolution of Marriage Act, “marital property” generally consists of “all property acquired by either spouse subsequent to the marriage.” 750 ILCS 5/503(a); see also In re Okon, 310 B.R. at 607. Here, SunTrust concedes that the Property was acquired with marital funds while the Debtor and De Jesus were married. Thus, under either Florida or Illinois law, it is clear that as of the bankruptcy filing date, the Debtor had a legal or equitable interest in the Property to which the automatic stay applies.

Section 503(a) excludes a contingent survivor benefit from marital property when neither spouse acquired the benefit during the marriage.

In re Marriage of Winter · filed 2013-07-12(a)

Accordingly, the survivor benefits belonged to neither Ana nor Jerome, but to a hypothetical and undetermined “surviving spouse” defined by the Pension Code. Therefore, as the contingent benefits belonged to neither spouse, they could not be considered marital property under the Marriage Act, which requires the property to be “acquired by either spouse subsequent to the marriage.” 750 ILCS 5/503(a) (West 2004).

Section 503(a)(1) classifies property received as a gift as nonmarital property.

In re Marriage of Lonvick · filed 2013-10-15(a)(1)

Property obtained by gift, legacy, or descent is excepted from marital property and is classified as nonmarital property. ... Therefore, we conclude that the trial court’s determination that the $66,000 was nonmarital property is not against the manifest weight of the evidence.

Section 503 does not treat a discretionary bonus as marital property when the employee has no contractual right to receive it.

In re Marriage of Wendt · filed 2013-10-17(a)

“Marital property” under the Act “means all property acquired by either spouse subsequent to the marriage,” except for certain enumerated exceptions. 750 ILCS 5/503(a) (West 2010). ... We find that the trial court did not err in finding Scott’s 2012 bonus, if issued, is nonmarital property because Scott did not have a contractual right to the bonus, which was issued in his employer’s discretion.

Section 503(a)(4) recognizes that spouses may use an agreement to exclude the operation of marital property laws.

In re Marriage of Chez · filed 2013-11-26(a)(4)

In fact, the Marriage Act expressly recognizes that the parties may, by agreement, exclude the operation of marital property laws. See 750 ILCS 5/503(a)(4) (West 2010). ... The parties here chose to exclude the operation of law and to determine for themselves their respective property rights that would accrue to them by reason of their marriage.

Section 503(b)(3) requires courts to allocate stock options acquired during marriage at dissolution, even if they have not vested or their value cannot yet be determined.

In re Marriage of Micheli · filed 2014-07-31(b)(3)

At dissolution, a court must allocate options between the parties, even though the options’ values might be unascertainable and the actual property division might occur at a later date.

Section 503(b)(3) requires courts to allocate stock options acquired during marriage at dissolution, even if the options have not vested or their value is uncertain.

In re Marriage of Micheli · filed 2014-09-15(b)(3)

At dissolution, a court must allocate options between the parties, even though the options’ values might be unascertainable and the actual property division might occur at a later date.

Section 503(c)(1) does not transmute nonmarital funds merely because they pass through a marital account if clear and convincing evidence traces the funds and they retain their identity.

In re Marriage of Foster · filed 2014-08-22(c)(1)

As such, James's nonmarital income never lost its identity and, therefore, was never transmuted into marital income. 750 ILCS 5/503(c)(1) (West 2012). Accordingly, we reverse the trial court's finding that the Scottrade account was marital property ... as against the manifest weight and conclude the Scottrade account is James's nonmarital property.

Under section 503(c)(1), nonmarital funds do not become marital property merely by passing through a marital account if they remain traceable and retain their identity.

In re Marriage of Foster · filed 2014-10-17(c)(1)

As such, James’s nonmarital income never lost its identity and, therefore, was never transmuted into marital income. 750 ILCS 5/503(c)(1) (West 2012). Accordingly, we reverse the trial court’s finding that the Scottrade account was marital property as against the manifest weight and conclude the Scottrade account is James’s nonmarital property.

Property acquired during marriage is presumed marital unless the spouse claiming otherwise rebuts that presumption by clear and convincing evidence.

In re Marriage of Dhillon · filed 2014-11-07(b)(1)

We, therefore, reverse the trial court's finding in that regard and conclude that all of the $301,606.80 in account 4863 at its high point in March 2007 was marital property inasmuch as the presumption of marital property was not rebutted by clear and convincing evidence.

Property acquired during marriage is presumed marital, and the spouse claiming otherwise must rebut that presumption by clear and convincing evidence.

In re Marriage of Dhillon · filed 2014-12-17(b)(1)

We, therefore, reverse the trial court’s finding in that regard and conclude that all of the $301,606.80 in account 4863 at its high point in March 2007 was marital property inasmuch as the presumption of marital property was not rebutted by clear and convincing evidence.

Section 5/503 does not permit wages earned after dissolution to be allocated as marital property.

McLain v. McLain (In re McLain) · filed 2015-06-30

When the marriage was dissolved on September 3, 2010, David’s wages earned thereafter were nonmarital property. As such, those wages were not subject to allocation as marital property under 750 ILCS 5 / 503.

Income from gifted property remains nonmarital if it is not attributable to a spouse’s personal efforts; using distributions during the marriage does not alone make the property marital.

In re Marriage of Veile · filed 2015-12-28(a)(8)

While the parties benefitted from the infusion of nonmarital cash distributions from Arapaho Village during the marriage, that does not mean that such distributions, or Arapaho Village, Inc., or its retained earnings in the Fidelity accounts, were transmuted into marital property.

Section 503(a) treats property acquired during marriage as marital unless it falls within a listed exception; cash held by a spouse’s premarital business can therefore be marital property.

In re Mariage of Adduci · filed 2020-09-30(a)

The trial court’s judgment the cash account is marital property because it is property acquired during the marriage that was not acquired by one of the means listed in section 503(a) of the Act (see 750 ILC 5/503(c)(2)(B) (West 2018)) is not against the manifest weight of the evidence.

Section 503(b)(1) makes tax planning purposes relevant when deciding whether property titled in one spouse’s name is marital property.

In re The Marriage of Browne · filed 2021-12-14(b)(1)

In addition, the Act expressly states that the acquisition of property for tax planning purposes is relevant in classifying the property. See 750 ILCS 5/503(b)(1) (West 2018).

Section 503(d) assigns each spouse their nonmarital property and requires marital property to be divided in just proportions.

In re Marriage of Levy · filed 2022-11-29(d)

That statement suggests that the trial court awarded all of respondent’s nonmarital property to petitioner. We do not read the judgment that way. The judgment provided that petitioner was awarded furniture, furnishings, personal property, accounts, and investments “pursuant to 750 ILCS 5/503.” (Emphasis added.) Section 503(d) of the Act provides that marital property will be distributed in just proportions and each spouse’s nonmarital property will be assigned to that spouse. 750 ILCS 5/503(d) (West 2018). We read the judgment as providing for the distribution of property in accordance with these principles.

Income from a nonmarital trust remains nonmarital when kept in a spouse’s separate accounts; a $100 transfer from a joint account does not by itself make those accounts marital property.

In re Marriage of Bedford · filed 2023-06-16(a)(1)

Section 503(a)(1) plainly classifies “property acquired by gift, legacy or descent” as non-marital. ... This de minimis transfer of $100 did not transmute the Chase and Goldman accounts into marital property. ... These accounts should not have been reclassified as marital property, as their entire purpose was to secure income for Margaret from the DiMatteo Trust, which is indisputably Margaret’s non-marital property.

Property purchased partly with proceeds from gifted property and partly with marital borrowing does not qualify as nonmarital property under section 503(a)(1).

In re Marriage of Schiffbauer · filed 2023-11-03(a)(1)

Thus, the 160-acre property was not obtained through the exchange of nonmarital property pursuant to section 503(a)(1) and could not be considered nonmarital property under that section.

A premarital retirement account may be awarded solely to its owner when the evidence shows no contributions during the marriage.

Siegel v. Siegel · filed 2021-12-08(a)(6)

The Marriage Act, however, lists exceptions, including “property acquired before the marriage, except as it relates to retirement plans that may have marital and non-marital characteristics.” (Emphasis added.) ... Based on Matthew’s testimony and documentation of the account balance in the Charles Schwab IRA account, we cannot conclude that the court erred in awarding Matthew sole ownership of a premarital retirement account.

A retirement account established before marriage can be marital property when contributions from marital earnings give it both marital and nonmarital characteristics.

In re Marriage of Kattner · filed 2023-08-23(a)(6)

That is, both 401(k) retirement accounts had marital and nonmarital characteristics, which rendered them marital property. See 750 ILCS 5/503(a)(6) (West 2018).

Section 503(b)(3) allows stock options and restricted stock to be allocated as marital property even when their value is unknown and their division will occur after dissolution.

Marquez v. Marquez · filed 2022-02-07(b)(3)

The Act clearly allows for stock options to be classified and divided up as marital property even when the value of those options is unknown and the distribution of those stock options between the parties will occur after the judgment of dissolution of marriage.

Section 503(c)(1)(A)(ii) provides that contributed property remains in its original estate if it retains its identity after commingling.

In re Marriage of Guiher · filed 2022-04-15(c)(1)(A)(ii)

By contrast, if the court finds the contributed property retained its identity, then no transmutation occurs and the contributed property remains property of the contributing estate, which ends the analysis and renders a reimbursement analysis unecessary.750 ILCS 5/503(c)(1)(A)(ii) (West 2018).

Section 503(b)(1) treats unpaid invoices for income earned during marriage as marital assets to be distributed.

In re The Marriage of Josephson · filed 2022-06-28(b)(1)

Under the Act, all of Craig’s income earned during the marriage was a marital asset. 750 ILCS 5/503(b)(1) (West 2018). The invoices, which were for income Craig earned during the marriage, were in essence accounts receivable and thus were assets to be distributed.

Section 503(a)(1) classifies property acquired by gift as nonmarital property, even when the gift was received during the marriage.

In re Marriage of Parker · filed 2022-10-06(a)(1)

Therefore, the parcels of land gifted to Jennifer through quitclaim deeds should have been classified as nonmarital property by the trial court.

Section 503(b)(2) provides that recognizing pension benefits as marital property and dividing them under a QILDRO does not diminish, alienate, or impair those benefits.

In re Marriage of Shulga · filed 2022-12-13(b)(2)

In fact, section 503 of the Dissolution of Marriage Act (750 ILCS 5/503(b)(2) (West 2020)) has effectively codified these principles of law by expressly providing that “[t]he recognition of pension benefits as marital property and the division of those benefits pursuant to a [QILDRO] shall not be deemed to be a diminishment, alienation, or impairment of those benefits.” Therefore, these antialienation provisions are not applicable under these circumstances because pension benefits are expressly considered marital property and a former spouse is a co-owner of the benefits.

Section 5/503 treats a parent’s gift to both spouses as marital property and a gift to one spouse alone as nonmarital property.

In re Marriage of English · filed 2023-01-23(a)(1)

If an asset is a gift to the couple, it is marital property. If it is a gift to only one of the parties, it is nonmarital property.

Section 5/503 treats property acquired by gift as non-marital property; when the presumptions of marital acquisition and a parent’s gift conflict, the court classifies the property based on the evidence.

In re Marriage of Wei · filed 2023-05-19(d)

In contrast, under the Marriage and Dissolution of Marriage Act, property acquired by a party by way of gift, legacy, or descent is deemed the acquiring party’s non-marital property. 750 ILCS 5/503(d) (West 2018). ... The circuit court’s determination that the two condominium units were Wei’s non-marital property was not against the manifest weight of the evidence because the court relied on Wei’s ... unrebutted testimony, which it found credible, as well as exhibits Wei introduced regarding the purchase of the properties.

Commingled marital and nonmarital property becomes marital property when the contributing estates lose their identities.

In re Marriage of Bess · filed 2023-09-05(c)(1)(B)

Any non-marital identity that the securities held in the Raymond James x7178 account may have had were commingled into the presumptively marital property acquired throughout the duration of the marriage, resulting in a loss of identity of the non-marital estate. See 750 ILCS 5/503(c) (West 2020).

Inherited property deposited into an account containing marital funds remains nonmarital if it can be traced and retains its identity.

In re Marriage of Neis · filed 2023-10-16(c)(1A)

Therefore, the trial court’s determination that Ilona’s inheritance fund transfers of $1,952,893.98 never transmuted to marital property was not against the manifest weight of the evidence.

Using marital funds to repair and improve a spouse’s nonmarital property commingles the marital and nonmarital estates.

In re Marriage of Schonert · filed 2025-08-20(c)(1)(A)

The evidence showed Scott used marital funds to purchase the parts and tools used to repair and improve the show Blazer in the workshop of the marital home, which constituted a commingling of marital assets into his nonmarital estate under section 503(c)(1)(A) of the Act.

Section 503(a) presumes that property acquired during marriage is marital property, including benefits accumulated after a divorce petition is filed and before judgment.

In re Marriage of Jones · filed 2025-11-19(a)

We conclude that the trial court abused its discretion when the court decided, as to the five accounts ... listed in section “S” of the judgment, that benefits accumulated during the marriage from December 23, 2019 (the date Ryan filed his divorce petition), through the date of judgment on February 6, 2025, are non-marital.

Section 503(b)(1) presumes that property acquired during marriage is marital property regardless of how title is held.

In re Marriage of Lange · filed 2025-12-18(b)(1)

The Act creates the presumption that all property acquired during the marriage is marital property, regardless of the manner in which title is held. ... Considering all the evidence, we cannot say that the circuit court’s finding that David failed to overcome the presumption of a gift was against the manifest weight of the evidence.

Section 503 does not automatically convert nonmarital pension payments into marital property when they are deposited during marriage into a nonmarital bank account.

In re Marriage of Rios · filed 2026-05-15(a)(5), (a)(7), (b)(1)

When non-marital pension payments were deposited into a non-marital bank account during the course of the marriage, those funds were not automatically converted from non-marital property to marital property. See 750 ILCS 5/503(a)(5), (7), (b)(1) (West 2022).

Section 503(c)(1) requires examining whether commingled nonmarital property lost its identity; depositing it with marital property under a court order does not itself establish transmutation.

In re Marriage of Rapp · filed 2023-12-04(c)(1)

Whether nonmarital funds have lost their identity through commingling requires attention to the specific history of those funds. Id. ... After reviewing the record in the instant case, the circuit court’s classification of the balance of the Trust as transmuted marital property was against the manifest weight of the evidence.

Section 503 treats property gifted to one spouse as nonmarital property; passing gifted funds through another account as a conduit does not make them marital property.

In re Marriage of Ibrahim · filed 2025-03-28(a)(1)

Wasif suggests that the money from Ayna’s father became marital property by passing through a Carriage Trading, LLC account in his name rather than deposited directly into an account in Anya’s name. Placing non-marital funds into an account as a conduit does not transmute it into marital property.

Funds in a spouse’s checking account remain marital property until dissolution, even if the spouses separated and stopped commingling finances.

In re Marriage of Reed · filed 2023-12-22(b)(1)

This was error because the law is clear that regardless of the date of a couple’s separation, the funds in a spouse’s checking account remains marital property until the time of dissolution.

Section 503(a)(4) excludes property from marital property only through a valid agreement; a mandatory property-regime election does not qualify without a meeting of the minds to govern disposition upon divorce.

In re Marriage of Kehoe · filed 2025-08-04(a)(4)

Held: The appellate court affirms the trial court’s finding in favor of respondent that there was no meeting of the minds between parties who married in Italy to treat their mandatory selection of a “property regime” as a contract to govern disposition of assets upon divorce. ... In the dissolution proceedings, James sought a declaratory judgment that the couple’s declaration in the Atto di Matrimonio was a valid and enforceable agreement under section 503(a)(4) of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/503(a)(4) (West 2022)), pursuant to which “property excluded by valid agreement of the parties, including a premarital agreement or a postnuptial agreement” does not constitute “marital property.”

Section 503(b)(1) presumes that property acquired during marriage is marital property regardless of how title is held.

In re Marriage of Sawyer · filed 2025-09-16(b)(1)

The Act thus creates a rebuttable presumption that all property acquired after the date of the marriage is marital property regardless of the manner in which title is held. ... Based on the record before us, we cannot say that the court abused its discretion by characterizing the properties as marital property.

Section 503(b)(1) presumes that nonmarital property transferred into spousal co-ownership is marital property; the donor spouse can rebut the gift presumption with clear, convincing and unmistakable evidence of no donative intent.

In re Marriage of Pearl · filed 2026-01-20(b)(1)

To successfully rebut the presumption of gift and apply the exception of section 503(a)(1), the donor spouse must present “clear, convincing and unmistakable evidence” that there was no donative intent. ... Considering the factors in toto we cannot find that the circuit court’s finding that Charlotte rebutted the presumption of a marital estate gift was against the manifest weight of the evidence.

Property acquired after marriage and before dissolution is presumed marital unless that presumption is rebutted.

In re Marriage of Hu · filed 2026-01-30(b)(1)

Property acquired after marriage, but before dissolution, is presumed to be marital property. 750 ILCS 5/503(b)(1) (West 2024). Contrary to his argument in his brief, the record indicates that Hu unequivocally testified that he opened the account in 2019, which was after the marriage. Therefore, the account is presumed to be marital property, and Hu failed to rebut this presumption.

Section 503(b)(2) presumes that pension benefits acquired during marriage, including benefits in defined contribution plans, are marital property unless a spouse rebuts the presumption with clear and convincing evidence.

In re Marriage of Vaccariello · filed 2026-03-18(b)(2)

Section 503(b)(2) specifically addresses “pension benefits,” which are broadly defined and explicitly include, as relevant here, “defined contribution plans,” such as the profit sharing plan. ... It provides that pension benefits acquired by or participated in during the marriage are presumptively marital property and that this presumption may be rebutted by clear and convincing evidence that the benefits were acquired by a method listed under section 503(a).

Section 503(b)(1) presumes that nonmarital property transferred into spousal co-ownership is marital property unless clear and convincing evidence overcomes the presumption.

In re Marriage of Harper · filed 2026-01-23(b)(1)

Applying that section to the circumstances presented here, it could be reasonably inferred that Lana converted her non-marital asset, namely the sales proceeds from the Massachusetts property, into marital property when she used that asset to fund the downpayment on the parties’ marital home, which they co-owned. Lana failed to overcome the presumption of marital property by clear and convincing evidence.

Section 503(c)(1)(B) treats marital and non-marital property commingled into newly acquired property as marital when the contributing estates lose their identity.

In re Marriage of Fikejs · filed 2026-02-19(c)(1)(B)

Section 503(c) of the Act instructs on commingling and transmutation of property: ... 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). ... Forfeiture aside, the evidence supports the trial court’s ruling. Within a month of the marriage, the 9168/7284 account became a mere receptacle.

Nonmarital funds deposited in a joint account remain nonmarital unless commingling causes them to lose their identity.

In re Marriage of Marie · filed 2026-05-22(c)(1)

In looking at the history of the funds, we believe the settlement money did not lose its identity as nonmarital property simply because it was deposited in the parties’ joint account.

Section 503(f) calls for stock in the marital estate to be valued as close as practicable to the trial date.

Mungo, Marjorie L. v. Taylor, Maureen S. · filed 2004-01-20(f)

Regarding the value of the stock, the relevant time for the valuation of stock is as close as practicable to the date of the trial. See 750 ILCS 5/503(f). ... Given the evidence that the stock declined in value because of the “generally unprofitable nature of the company operations,” Judge Wedoff’s decision to base his damages calculation on the subsequent $40,000 valuation was not clearly erroneous.

Section 503(f) gives courts discretion to choose a valuation date, but requires consistent dates when valuing the spouses’ retirement assets.

In re Marriage of Budorick · filed 2020-11-20(f)

In other words, inconsistent valuation dates cannot be used as a substitute for sanctions for frivolous behavior. Therefore, we reverse the court’s findings valuing Heather’s and Daniel’s retirement assets as of different dates.

Section 503(h) generally requires a court on remand to use the original valuation of marital property, unless a reviewing court directs otherwise or good cause is shown.

In re Marriage of Jones · filed 2020-06-22(h)

On remand, the court was not considering an increase or decrease in the value of the marital property since the assessment of such property at the original trial because, at no point, did the property have any equitable value during the trial.

Section 503(d) requires marital property to be divided in just proportions, with sufficient valuation evidence to assess the division.

In Re Marriage of Trull · filed 1993-12-22(d)

However, no competent evidence of the value of the lawsuit against the Beloit Corporation was presented to the trial judge either during the trial or the hearing on the motions to reconsider. We therefore have no basis to determine whether the trial court’s division of the marital property was in “just proportions” as required by section 503(d) of the Illinois Marriage and Dissolution of Marriage Act (the Act) (750 ILCS 5/503(d) (West 1992)).

Section 503(b) presumes property acquired during marriage is marital, and a spouse claiming it is nonmarital must overcome that presumption with clear, convincing, and unmistakable evidence.

In Re Marriage of Weiler · filed 1994-03-02(b)

In other words, in order for respondent to prevail, he must prove by clear, convincing, and unmistakable evidence that any funds in excess of the $1,937.24 are nonmarital. The court employed the wrong evidentiary standard when it held that respondent had proven by a preponderance of the evidence that the value of his nonmarital share in the Plan was $13,203.79.

Section 503(i) permits a divorce court to order the sale of a marital litigation interest when it is the only asset available to meet support obligations.

In Re Marriage of Schweihs · filed 1995-05-05(i)

We find that under the extraordinary circumstances of this case, where a chose in action is the only asset of the parties from which they can meet support obligations, the power granted in section 503(i) of the Dissolution Act is sufficiently broad to permit the divorce court, within its discretion, to order the sale of the interest in the litigation.

Section 503 permits a court that vacates a property division under section 2 — 1401 to value marital property as of the later property hearing, in its discretion.

In Re Marriage of Hale · filed 1996-03-01

A primary purpose behind section 503’s enactment was to empower courts to order a just distribution of marital assets. ... Instead, we hold that, when a trial court vacates the property division of a dissolution judgment pursuant to section 2 — 1401, the court may in its discretion value marital property as of the date of the post-vacation hearing on property issues.

Section 503(d) requires sufficient evidence to value a substantial marital asset before it is apportioned; an unsupported valuation warrants further proceedings and may require a revised distribution.

In Re Marriage of Blackstone · filed 1997-05-30(d)

On review of a case such as this, where the record does not support any valuation of a very substantial marital asset, we conclude that the only reasonable course is for us to order further proceedings at which sufficient evidence on the question of valuation can be presented. Further, to achieve a just apportionment, modification of the trial court’s previous distribution is authorized as part of our mandate if, upon remand, such modification is dictated by the evidence elicited on the revaluation.

Section 503 requires consideration of the value awarded to each spouse but does not require a specific valuation of every marital asset.

In Re Marriage of McHenry · filed 1997-09-30

This court has established in a long line of cases that section 503 of the Illinois Marriage and Dissolution of Marriage Act (the Act) (750 ILCS 5/101 et seq. (West 1996)) does not require the court to place a specific value on each marital asset in considering the value of property to be set aside to each spouse.

Section 5/503 provides that a spouse’s marital-property interest does not vest until dissolution of the marriage.

United States v. Aguilera · filed 1998-09-03

Under Illinois law, a property interest does not vest until the dissolution of the marriage. 750 ILCS 5/503. Because petitioner was still married to Raul Aguilera at the time of the forfeiture proceedings and because she concedes that her name was not listed on the title to the property, her claim had not vested at the time of the sale, and thus she had no claim to the sale proceeds.

Section 503(c) requires courts to value marital assets before dividing them in just proportions.

In re Marriage of Grunsten · filed 1999-02-11(c)

To apportion marital assets under section 503(c), the value of such assets must first be established.

Section 503(c) requires courts to establish the value of marital assets before dividing them in just proportions.

In Re Marriage of Grunsten · filed 1999-04-30(c)

To apportion marital assets under section 503(c), the value of such assets must first be established.

Section 503(i) authorizes a court to order parties to mortgage marital property to pay marital debts.

In Re Marriage of Carter · filed 2000-12-06(i)

Thus, we interpret section 503(i) as according the trial court statutory authority to order parties to mortgage marital property.

Property acquired during marriage is presumed marital, and a spouse claiming a nonmarital source must prove it by clear and convincing evidence.

In Re Marriage of Didier · filed 2000-12-26(b)

Because both the house and the lot were acquired by Gail after the date of marriage but before the entry of judgment of dissolution, they were presumptively marital property. 750 ILCS 5/503(b) (West 1998). In order to establish that the house and the lot were her non-marital property, it was Gail's burden at trial to show by clear and convincing evidence that the funds used to construct the house and purchase the lot were obtained exclusively by one of the methods set forth in the Dissolution Act.

Section 503 requires marital assets to be valued as of dissolution; a business valuation cannot include earnings from labor performed afterward.

In re Marriage of Cutler · filed 2002-10-22

The Illinois Marriage and Dissolution of Marriage Act clearly stipulates that all marital assets must be valued as of the date of the dissolution of the marriage. 750 ILCS 5/503 (West 2000). In In re Marriage of Frazier, 125 Ill. App. 3d 473, 466 N.E.2d 290 (1984), we specifically concluded that the application of the “capitalization of earnings” method was an improper way to value a business as a marital asset, because the calculation would necessarily include as marital property labor which would be performed subsequent to the dissolution. The inclusion of expected future earnings of Cutler is improper in the consideration of the distribution of marital assets in this case, and this error has produced a “grossly excessive valuation” (In re Marriage of Frazier, 125 Ill. App. 3d at 477, 466 N.E.2d at 293).

Section 503(f) requires property to be valued as of trial or as close to that date as practicable; a party challenging a valuation must provide sufficient evidence of the property's value.

In Re Marriage of Donovan · filed 2005-11-04(f)

Section 503(f) of the Dissolution Act provides that in a proceeding for dissolution of marriage, "the court, in determining the value of the marital and non[ ]marital property for purposes of dividing the property, shall value the property as of the date of trial or some other date as close to the date of trial as is practicable." 750 ILCS 5/503(f) (West 2002). ... As Jerry failed to present sufficient evidence of the value of Ellen's 401k account, we find no error in the court's ruling.

Section 503(d) accounts for personal goodwill through its property-division factors, so that goodwill cannot also be included in the value of a professional practice.

In Re Marriage of Schneider · filed 2005-01-21(d)

In this case, as in Talty, the personal goodwill in Earl’s dental practice was considered by the circuit court in assessing the criteria in section 503(d) and in deciding to award Jodi a disproportionate share of the marital assets. Any further consideration of that goodwill in valuing Earl’s dental practice would amount to an impermissible double counting. Accordingly, we find that the appellate court erred in holding that personal goodwill should have been included in the valuation of Earl’s dental practice.

Section 503(f) requires courts dividing property to value it at trial or as close to trial as practicable.

In Re Marriage of Asher-Goettler · filed 2008-01-23(f)

We agree that at the very least, the trial court used improper valuation dates for determining the value of the marital residence. Section 503(f) of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/503(f) (West 2004)) states that “in determining the value of the marital and non[ ]marital property for purposes of dividing the property,” the court “shall value the property as of the date of trial or some other date as close to the date of trial as is practicable.” Petitioner testified to the mortgage as of the time trial, but the court valued the mortgage at the date of separation 26 months earlier. This resulted in respondent receiving a larger portion of the equity in the marital residence despite the court’s effort to divide the equity 50/50. Thus, the portion of the final judgment distributing the equity in the marital residence was in error and should be reconsidered on remand.

Property acquired during marriage is presumed marital, and a spouse claiming the gift exception must prove it by clear and convincing evidence.

In Re Marriage of Hluska · filed 2011-12-09(a)(1)

As a result, we cannot find that Mike proved by clear and convincing evidence that he acquired his ownership interests as gifts because he was unable to overcome the presumption that his interests were marital property.

Section 503(f) requires marital property to be valued at trial or as close to trial as practicable; a court may wait briefly for a more accurate value.

In re Marriage of Berberet · filed 2012-08-10(f)

Section 503(f) of the Act (750 ILCS 5/503(f) (West 2010)) requires that the court value marital property as of the date of trial or as close to the date as is “practicable.” In waiting a couple months for the account to vest, the court was able to use a more accurate calculation of the account’s value that was more close in time to the dissolution hearing than the account’s value for 2009.

Section 503(f) requires marital property in a bifurcated dissolution proceeding to be valued as of the judgment of dissolution following the trial on grounds, or another date near it.

In re Marriage of Mathis · filed 2013-04-30(f)

Accordingly, we hold that, in a bifurcated dissolution proceeding, the date of valuation for marital property is the date the court enters judgment for dissolution following a trial on grounds for dissolution (see 750 ILCS 5/401(b) (West 2010)) or another date near it.

Section 503(d) requires the court to value marital property before dividing it in just proportions.

In re Marriage of Johnson · filed 2016-01-07(d)

Therefore, to divide marital property under section 503(d), the court must first determine the value of such property.

Section 503(d) requires a court to value marital property before dividing it in just proportions.

In re Marriage of Johnson · filed 2016-02-23(d)

Therefore, to divide marital property under section 503(d), the court must first determine the value of such property. ... Because the trial court’s valuation of FSFG’s enterprise goodwill, the parties’ most substantial asset, was against the manifest weight of the evidence, we reverse that valuation and remand for a new trial on the issue of the proper valuation of FSFG’s enterprise goodwill.

Section 503(a)(1)’s gift exception does not apply when the person who provided the purchase funds retains a claim to the proceeds of a later sale.

In re Marriage of Brill · filed 2017-12-15(a)(1)

Because Stephanie did not absolutely and irrevocably relinquish future dominion of the 401(k) money used to purchase the house, the money was not a gift to Randy. Further, neither Stephanie nor Randy testified that the money was a gift to Randy. Accordingly, the trial court’s finding that Randy’s interest in the Island Lake house was marital was not against the manifest weight of the evidence.

Section 503(a) requires specific factual findings classifying assets as marital or nonmarital, stating their values, and supporting the property award.

In re Marriage of Smiley · filed 2019-10-22(a)

In this regard, we agree with Keaton that the property division ordered by the court is not sufficiently specific such that it, in its present form, does not conform to section 503(a) of the Act. On remand, we direct the circuit court to “make specific factual findings as to its classification of assets as marital or non-marital, values, and other factual findings supporting its property award.” See 750 ILCS 5/503(a) (West 2018).

Section 503(k) values marital assets at fair market value; an arm’s length exchange of stock for services can provide evidence of that value.

In re Marriage of Morrison · filed 2020-12-29(k)

Respondent points out that the value of assets is determined by assessing their fair market value. 750 ILCS 5/503(k) (West 2016). “Fair market value” means “what a willing buyer would pay a willing seller in a voluntary transaction.” ... More to the point, respondent provides us no reason to suppose that the barter arrangement between BICC and Polaris was anything but an arm’s length transaction whereby a quantity of stock was exchanged for services of equal value. ... Hence, we find no error in the trial court’s valuation of petitioner’s share of the BICC stock.

Section 503(a) presumes that property acquired during marriage is marital property unless a spouse proves by clear and convincing evidence that a statutory exception applies.

In re Marriage of Ianuzzi · filed 2022-04-07(a)

Section 503(a) of the Illinois Marriage and Dissolution of Marriage Act (Act) establishes a rebuttable presumption that “all property acquired by either spouse subsequent to the marriage” is marital property. 750 ILCS 5/503(a) (West 2018). A party can overcome this presumption only by a clear and convincing showing that the property falls within one of the eight exceptions listed in section 503(a).

Section 503 requires the trial court to make specific factual findings about the value of marital property.

In re Marriage of Morgan L. · filed 2023-10-19(k)

Section 503 of the Act requires the trial court to make specific factual findings as to the value of the marital property. 750 ILCS 5/503(a), (k) (West 2022). ... Gregory has not pointed to anything in the record that indicates that these valuations are against the manifest weight of the evidence or that the distribution of the assets was an abuse of discretion.

Section 503(d) requires the court to establish the value of marital property before dividing it in just proportions; when the parties provide no meaningful valuation evidence, the court may use the competent evidence available.

In re Marriage of Hussain · filed 2023-11-07(d)

Thus, in apportioning marital assets under section 503(d), the court must first establish the value of the property. ... Because neither party presented meaningful evidence of BSoft’s value, the trial court considered the only evidence of value available to it.

Section 503(f) sets the valuation date for marital property at the trial date unless an agreement or court order provides otherwise.

In re Marriage of Trapp · filed 2022-11-21(f)

However, absent an agreement or court order to the contrary, valuation is determined as of the date of trial. ... Thus, the value of Trapp Properties, Inc., should have been $51,454, divided equally between the husband and the wife.

Section 5/503(a) requires specific findings about property classification and asset values to support a property award.

In re Marriage of Mansoor · filed 2023-07-13(a)

The trial court here nevertheless placed a value of $30,000 on all of the identified items and compounded its error by failing to make any specific findings as to each item’s value. See 750 ILCS 5/503(a) (West 2020).

Section 503(a) treats contributions from paychecks earned during the marriage to a 401(k) account as marital property.

McLean v. McLean · filed 2025-07-23(a)

These funds were marital property. See 750 ILCS 5/503(a) (West 2022) (marital property means all property acquired subsequent to the marriage).