Amended effective January 1, 2018 (and new set effective January 1, 2019)
Most Illinois divorce lawyers are unfamiliar with Pub. Act 100-520, which had an effective date of June 1, 2018. But per Pub. Act. 100-565 (SB 61), this had an effective date of January 1, 2018. And we have an entirely new set of amendments that has been effective January 1, 2019 with Pub. Act 100-923.
Accordingly, I have updated my Illinois maintenance guidelines article:
- Maintenance guidelines Illinois 2015 through 2018. [Article fully incorporates the prospective potential impact of Pub. Acts 100-520/565–the law increasing the cut-off to $500,000 and providing a more granular approach to determining maintenance.]
- Maintenance Guidelines [PDF of spreadsheet with length of maintenance in Illinois based upon the years of the marriage — comparing the currently existing and the 1/1/18 law.]
- IMDMA 2017 and 2018 Gitlin Law Firm Illinois Divorce Law. [Contains the full context of the Illinois Marriage and Dissolution of Marriage Act highlighting the recent changes and Public Act 100-520 / 100-565.]
These are critical amendments. Gitlin Divorce: A Guide to Illinois Family Law had anticipated that both sets of legislation would likely be signed into law. The new Fourth Edition has been available through Lexis as of June 30, 2018 and incorporates these amendments. Yet we will now have even further amendments to the maintenance statute in Illinois due to the loss of the maintenance deduction for the payor starting with divorces entered after December 31, 2018. The maintenance deduction has been a part of our tax code since 1942.
This is discussed further in a recent post regarding the impact of the Tax Cuts and Jobs Act of 2017 on Illinois divorces.
Gunnar J. Gitlin
The Gitlin Law Firm, P.C.
663 East Calhoun Street
Woodstock, IL 60098