Judicial Rulings Illinois Supreme Court New divorce law on equal property rights The new Illinois divorce law which gives both partners equal rights to all property acquired during a marriage was upheld by the state Supreme Court May 26. The court overturned a Cook County Circuit Court ruling of last December that found seven sections of the new law (Ill. Rev. Stat. 1977, ch. 40, sec. 101 et seq.) unconstitutional. The provisions in question dealt with: retrospective application of the 1977 law, setting aside funds for the education of children beyond the minority age, and allowance of child support even after the death of the parent obligated to support. The court admitted that there might be some inequality resulting from such provisions, but the "legislature may differentiate between persons similarly situated as long as the classification bears a reasonable relationship to a legitimate legislative purpose." Of the divorce law the court said: "the primary legislative objective is to create a system of property division upon dissolution of marriage that is more equitable than that which previously existed in this state." Specifically, the court said, "the legislature sought to award economic credit in the distribution of property for indirect or domestic contributions to the accumulation of property and sought to replace the concept of post-marital stability through a just distribution of marital property and assets." Elsewhere in its decision the court said: "the state interest to be promoted by applying the section retrospectively greatly outweighs the asserted property interest . . . ." It firmly stated that the term "marital property" applies only to distribution of acquired property after marriage. Justice Thomas E. Kluczynski took no part in the consideration or decision of the case (Kujawinski v. Kujawinski). 30/June 1978/Illinois Issues
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