ILCS » Chapter 750 · Act 65
Illinois Compiled Statutes

750 ILCS 65/1 (2026)

Rights to sue and be sued

✓ current as of May 2026
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(750 ILCS 65/1) (from Ch. 40, par. 1001)
    Sec. 1. Rights to sue and be sued. A married person may, in all cases, sue and be sued without joining the married person's spouse as if unmarried. Either spouse may sue the other for a tort committed during the marriage. No finding by any court under Section 401 of the Illinois Marriage and Dissolution of Marriage Act shall be admissible or be used as prima facie evidence of a tort in any civil action brought under this Act. An attachment or judgment in an action may be enforced by or against a married person as if unmarried.
(Source: P.A. 104-40, eff. 1-1-26.)

    
Notes of Decisions
Cited in 9 cases, 1994–2012 · leading case: Feltmeier v. Feltmeier, 798 N.E.2d 75 (Ill. 2003).
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Feltmeier v. Feltmeier, 798 N.E.2d 75 (Ill. 2003). “1001; 750 ILCS 65/1 (West 1998). Robert argues that prior to January 1, 1988, interspousal suits were only allowed in situations where there was an intentional tort with physical harm.”
Feltmeier v. Feltmeier, 777 N.E.2d 1032 (Ill. App. Ct. 2002). · cites it 4× “IMMUNITY FROM SUIT Robert also contends that he is immune from any and all of Lynn's claims for conduct that occurred prior to January 1, 1988, the date on which spouses were statutorily allowed to sue each other for a tort committed during the marriage (see 750 ILCS 65/1 (West…”
Cojeunaze Nursing Ctr. v. Lumpkin, 632 N.E.2d 146 (Ill. App. Ct. 1994). · cites it 2× “, the welfare of its residents; (b) Lump-kin’s interpretation that a spouse is in the "first degree of kinship” with each other is consistent with the definition of the term "kinship”; and (c) The limitation of a spouse’s ability to obtain a license under the NHCA controls over…”
Partipilo v. Partipilo, 770 N.E.2d 1136 (Ill. App. Ct. 2002). “” It is clear that Maria has the right to sue her husband (750 ILCS 65/1 (West 2000)); at issue is whether she must be allowed to resolve her suits against Frank prior to the divorce case.”
Voiland v. Kimmell (In re Kimmell), 480 B.R. 876 (Bankr. N.D. Ill. 2012). · cites it 2× “July 2, 2012) (noting that under the Illinois Rights of Married Persons Act, 750 ILCS 65/1 to 22, spouses may have separate property interests even in property acquired post-marriage, at least until a marital dissolution action is filed).”
In re Ruhl, 474 B.R. 596 (Bankr. N.D. Ill. 2012). “2 The general Illinois law on the property interests of married persons is set out in the Rights of Married Persons Act, 750 ILCS 65/1 to 22 (2008), which makes clear that Illinois does not treat marriage as establishing community ownership of the married couple’s property.”
Feltmeier v. Feltmeier (Ill. App. Ct. 2002). · cites it 2× “IMMUNITY FROM SUIT Robert also contends that he is immune from any and all of Lynn's claims for conduct that occurred prior to January 1, 1988, the date on which spouses were statutorily allowed to sue each other for a tort committed during the marriage (see 750 ILCS 65/1 (West…”
Feltmeier v. Feltmeier (Ill. 2003). “1001; 750 ILCS 65/1 (West 1998). Robert argues that prior to January 1, 1988, interspousal suits were only allowed in situations where there was an intentional tort with physical harm.”
Partipilo v. Partipilo (Ill. App. Ct. 2002). “" It is clear that Maria has the right to sue her husband (750 ILCS 65/1 (West 2000)); at issue is whether she must be allowed to resolve her suits against Frank prior to the divorce case.”
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