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Illinois Compiled Statutes

750 ILCS 5/502 (2026)

Agreement

✓ current as of May 2026
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(750 ILCS 5/502) (from Ch. 40, par. 502)
    Sec. 502. Agreement.
    (a) To promote amicable settlement of disputes between parties to a marriage attendant upon the dissolution of their marriage, the parties may enter into an agreement containing provisions for disposition of any property owned by either of them, maintenance of either of them, support, parental responsibility allocation of their children, and support of their children as provided in Sections 513 and 513.5 after the children attain majority. The parties may also enter into an agreement allocating the sole or joint ownership of or responsibility for a companion animal. As used in this Section, "companion animal" does not include a service animal as defined in Section 2.01c of the Humane Care for Animals Act. Any agreement pursuant to this Section must be in writing, except for good cause shown with the approval of the court, before proceeding to an oral prove up.
    (b) The terms of the agreement, except those providing for the support and parental responsibility allocation of children, are binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the agreement is unconscionable. The terms of the agreement incorporated into the judgment are binding if there is any conflict between the terms of the agreement and any testimony made at an uncontested prove-up hearing on the grounds or the substance of the agreement.
    (c) If the court finds the agreement unconscionable, it may request the parties to submit a revised agreement or upon hearing, may make orders for the disposition of property, maintenance, child support and other matters.
    (d) Unless the agreement provides to the contrary, its terms shall be set forth in the judgment, and the parties shall be ordered to perform under such terms, or if the agreement provides that its terms shall not be set forth in the judgment, the judgment shall identify the agreement and state that the court has approved its terms.
    (e) Terms of the agreement set forth in the judgment are enforceable by all remedies available for enforcement of a judgment, including contempt, and are enforceable as contract terms.
    (f) Child support, support of children as provided in Sections 513 and 513.5 after the children attain majority, and parental responsibility allocation of children may be modified upon a showing of a substantial change in circumstances. The parties may provide that maintenance is non-modifiable in amount, duration, or both. If the parties do not provide that maintenance is non-modifiable in amount, duration, or both, then those terms are modifiable upon a substantial change of circumstances. Property provisions of an agreement are never modifiable. The judgment may expressly preclude or limit modification of other terms set forth in the judgment if the agreement so provides. Otherwise, terms of an agreement set forth in the judgment are automatically modified by modification of the judgment.
(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; 100-422, eff. 1-1-18.)

    
Notes of Decisions
Cited in 113 cases (35 in the last 5 years), 1993–2026 · leading case: Blum v. Koster, 919 N.E.2d 333 (Ill. 2009).
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Blum v. Koster, 919 N.E.2d 333 (Ill. 2009). · cites it 3× “In general, modification and termination of maintenance and support obligations are governed by sections 502, 504(a), and 510(a — 5) (750 ILCS 5/502, 504(a), 510(a — 5) (West 2004)).”
In re Marriage of Wig, 2020 IL App (2d) 190929 (Ill. App. Ct. 2020). · cites it 3× “¶ 18 In August 2018, when the dissolution judgment was entered, section 502(a) of the Act provided that “[t]o promote amicable settlement of disputes between parties to a marriage attendant upon the dissolution of their marriage, the parties may enter into an agreement…”
In re Marriage of Dynako, 2021 IL 126835 (Ill. 2021). · cites it 2× “” See 750 ILCS 5/502(f) (West 2016). Betsy asserted that Stephen’s obligation could not be terminated or modified by the court due to his purported change of circumstances.”
In Re Marriage of Hightower, 830 N.E.2d 862 (Ill. App. Ct. 2005). · cites it 5× “750 ILCS 5/502 (b) (West 2002). However, the statute does not require the court to expressly state that the agreement was “fair, reasonable, and not unconscionable” as petitioner claims.”
In re Marriage of Scarp, 2022 IL App (1st) 210711 (Ill. App. Ct. 2022). · cites it 10× “The statute at issue is section 502(f) of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/502(f) (West 2016)), which pertains to the modifiability of certain terms commonly addressed in MSAs.”
In Re Marriage of Rife, 878 N.E.2d 775 (Ill. App. Ct. 2007). · cites it 2× “Section 502(f) states, " Except for terms concerning the support, custody or visitation of children, the judgment may expressly preclude or limit modification of terms set forth in the judgment if the agreement so provides.”
In Re Marriage of Ingram, 631 N.E.2d 386 (Ill. App. Ct. 1994). · cites it 3× “Section 502(a) of the Illinois Marriage and Dissolution of Marriage Act (Act) encourages parties to a dissolution proceeding to settle their disputes amicably.”
In re Marriage of Tronsrue, 2025 IL 130596 (Ill. 2025). · cites it 3× “¶ 35 Nevertheless, George’s argument—that the 1992 judgment of dissolution of marriage was a void order because federal law preempts the state law (section 502 of the Marriage Act (750 ILCS 5/502 (West 2018))) that authorizes the circuit court to enforce a provision in the…”
In re Marriage of Doermer, 2011 IL App (1st) 101567 (Ill. App. Ct. 2011). · cites it 3× “750 ILCS 5/502, 504(a), 510(a-5) (West 2008); Blum, 235 Ill.”
In Re Marriage of Gowdy, 816 N.E.2d 372 (Ill. App. Ct. 2004). · cites it 2× “Insurance Douglas also contends that the circuit court erred in ordering him to maintain Dawn as a named insured under the John Deere Health & Hospitalization Plan.”
In Re Marriage of Sobol, 796 N.E.2d 183 (Ill. App. Ct. 2003). · cites it 2× “Section 502(f) of the Act (750 ILCS 5/502(f) (West 2000)) allows a marital settlement agreement incorporated in the dissolution judgment to expressly preclude or limit modification of its terms "[e]xcept for terms concerning the support, custody[,] or visitation of children.”
In Re Marriage of Steadman, 670 N.E.2d 1146 (Ill. App. Ct. 1996). · cites it 2× “Wife next argues that the trial court abused its discretion because it approved an unconscionable dissolution of marriage settlement agreement.”
Show all 113 citing cases →
— 750 ILCS 5/502(1) — 1 case
In Re Marriage of Boehmer, 864 N.E.2d 327 (Ill. App. Ct. 2007).
— 750 ILCS 5/502(a) — 27 cases
In re Marriage of Wig, 2020 IL App (2d) 190929 (Ill. App. Ct. 2020). “¶ 18 In August 2018, when the dissolution judgment was entered, section 502(a) of the Act provided that “[t]o promote amicable settlement of disputes between parties to a marriage attendant upon the dissolution of their marriage, the parties may enter into an agreement…”
In Re Marriage of Hightower, 830 N.E.2d 862 (Ill. App. Ct. 2005). “750 ILCS 5/502 (b) (West 2002). However, the statute does not require the court to expressly state that the agreement was “fair, reasonable, and not unconscionable” as petitioner claims.”
In Re Marriage of Gibson-Terry, 758 N.E.2d 459 (Ill. App. Ct. 2001).
In Re Marriage of Steadman, 670 N.E.2d 1146 (Ill. App. Ct. 1996). “Wife next argues that the trial court abused its discretion because it approved an unconscionable dissolution of marriage settlement agreement.”
In Re Marriage of Ingram, 631 N.E.2d 386 (Ill. App. Ct. 1994). “Section 502(a) of the Illinois Marriage and Dissolution of Marriage Act (Act) encourages parties to a dissolution proceeding to settle their disputes amicably.”
— 750 ILCS 5/502(b) — 48 cases
In re Marriage of Wig, 2020 IL App (2d) 190929 (Ill. App. Ct. 2020). “¶ 18 In August 2018, when the dissolution judgment was entered, section 502(a) of the Act provided that “[t]o promote amicable settlement of disputes between parties to a marriage attendant upon the dissolution of their marriage, the parties may enter into an agreement…”
In Re Marriage of Bielawski, 764 N.E.2d 1254 (Ill. App. Ct. 2002).
In Re Marriage of Ingram, 631 N.E.2d 386 (Ill. App. Ct. 1994). “Section 502(a) of the Illinois Marriage and Dissolution of Marriage Act (Act) encourages parties to a dissolution proceeding to settle their disputes amicably.”
In re Marriage of Linta, 2014 IL App (2d) 130862 (Ill. App. Ct. 2014).
In re Marriage of Doermer, 2011 IL App (1st) 101567 (Ill. App. Ct. 2011). “750 ILCS 5/502, 504(a), 510(a-5) (West 2008); Blum, 235 Ill.”
— 750 ILCS 5/502(d) — 3 cases
In Re Marriage of Boehmer, 864 N.E.2d 327 (Ill. App. Ct. 2007).
In re Marriage of Watkins, 2017 IL App (3d) 160645 (Ill. App. Ct. 2017).
In re Marriage of Boehmer (Ill. App. Ct. 2007).
— 750 ILCS 5/502(e) — 12 cases
In re Marriage of Tronsrue, 2025 IL 130596 (Ill. 2025). “¶ 35 Nevertheless, George’s argument—that the 1992 judgment of dissolution of marriage was a void order because federal law preempts the state law (section 502 of the Marriage Act (750 ILCS 5/502 (West 2018))) that authorizes the circuit court to enforce a provision in the…”
In Re Marriage of Berto, 800 N.E.2d 550 (Ill. App. Ct. 2003).
In Re Marriage of Sloane, 628 N.E.2d 1198 (Ill. App. Ct. 1994).
In re Marriage of Razzano, 2012 IL App (3d) 110608 (Ill. App. Ct. 2012).
In re Marriage of Watkins, 2017 IL App (3d) 160645 (Ill. App. Ct. 2018).
— 750 ILCS 5/502(f) — 35 cases
In re Marriage of Dynako, 2021 IL 126835 (Ill. 2021). “” See 750 ILCS 5/502(f) (West 2016). Betsy asserted that Stephen’s obligation could not be terminated or modified by the court due to his purported change of circumstances.”
Blum v. Koster, 919 N.E.2d 333 (Ill. 2009). “In general, modification and termination of maintenance and support obligations are governed by sections 502, 504(a), and 510(a — 5) (750 ILCS 5/502, 504(a), 510(a — 5) (West 2004)).”
In re Marriage of Scarp, 2022 IL App (1st) 210711 (Ill. App. Ct. 2022). “The statute at issue is section 502(f) of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/502(f) (West 2016)), which pertains to the modifiability of certain terms commonly addressed in MSAs.”
In Re Marriage of Rife, 878 N.E.2d 775 (Ill. App. Ct. 2007). “Section 502(f) states, " Except for terms concerning the support, custody or visitation of children, the judgment may expressly preclude or limit modification of terms set forth in the judgment if the agreement so provides.”
In Re Marriage of Gowdy, 816 N.E.2d 372 (Ill. App. Ct. 2004). “Insurance Douglas also contends that the circuit court erred in ordering him to maintain Dawn as a named insured under the John Deere Health & Hospitalization Plan.”
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