notice of intent claim in Illinois

2023Dissipation is defined as the “ ‘use of marital property for the sole benefit of one of the spouses for a purpose unrelated to the marriage at a time that the marriage is undergoing an irreconcilable breakdown.’ ” Id. (citing In re Marriage of O’Neill, 138 Ill. 2d 487 (1990)). ¶ 65 Pursuant to section 503(d)(2)(i) of the Act, “a notice of intent to claim dissipation shall be given no later than 60 days before trial or 30 days after discovery closes, whichever is later.” 750 ILCS 503(d)(2)(i) (West 2020).

2016Around the same time, Andrew confirmed that he was having an affair. -5- 2016 IL App (2d) 140147 ¶ 22 In June 2011, the trial court entered an agreed order embodying the parties’ agreement that Laurie would have sole legal custody of the children and establishing the parenting time of both parties. ¶ 23 In March 2012, Laurie served Andrew with a notice of intent to claim dissipation. ¶ 24 Trial of the remaining issues in the dissolution commenced on May 31, 2012, and continued for portions of June 1, August 24, and November 13, 14, and 16, 2012.

2019The statute requires that the notice include “an identification of the property dissipated.” Id. § 503(d)(2)(ii).

2019The statute requires that the notice include "an identification of the property dissipated." Id. § 503(d)(2)(ii).

2023Dissipation is defined as the “ ‘use of marital property for the sole benefit of one of the spouses for a purpose unrelated to the marriage at a time that the marriage is undergoing an irreconcilable breakdown.’ ” Id. (citing In re Marriage of O’Neill, 138 Ill. 2d 487 (1990)). ¶ 65 Pursuant to section 503(d)(2)(i) of the Act, “a notice of intent to claim dissipation shall be given no later than 60 days before trial or 30 days after discovery closes, whichever is later.” 750 ILCS 503(d)(2)(i) (West 2020).

2022Id. ¶ 50 To present a prima facie case of dissipation, Section 503(d)(2) of the IMDMA provides as follows: “(2) the dissipation by each party of the marital property, provided that a party's claim of dissipation is subject to the following conditions: (i) a notice of intent to claim dissipation shall be given no later than 60 days before trial or 30 days after discovery closes, whichever is later; (ii) the notice of intent to claim dissipation shall contain, at a minimum, a date or period of time during which the marriage began undergoing an irretrievable - 33 - 2022 IL App (2d) 210370-U break

2022See id.; In re Marriage of Dhillon, 2014 IL App (3d) 130653, ¶ 36 ; accord In re Marriage of Awan, 388 Ill.

2020Id. ¶ 88 Dissipation claims are governed by section 503(d) of the Act, which provides that, when determining the disposition of marital property, the circuit court should consider all relevant factors, including “(2) the dissipation by each party of the marital property, provided that a party’s claim of dissipation is subject to the following conditions: (i) a notice of intent to claim dissipation shall be given no later than 60 days before trial or 30 days after discovery closes, whichever is later; 31 No. 1-18-2512 (ii) the notice of intent to claim dissipation shall contain, at a minimum, a