The Illinois legislature recently modified the Illinois Marriage and Dissolution of Marriage Act (IMDMA) through the passage of Public Act 100-0520, which took effect on June 1, 2018. These modifications follow an almost completely revamped IMDMA over the past few years. Most of the changes have to do with Section 504 related to maintenance issues.
There are three areas that are most affected with these changes. They include how the Court:
1. Calculates the duration of maintenance awards.
2. Awards temporary maintenance.
3. Either party can choose to use a former name.
Duration of Maintenance Awards
With respect to the duration of maintenance awards, the calculation is now done yearly. It had been calculated in five-year increments. However, the percentage based on length of the marriage is still 20 percent for marriages lasting 5 years or less, with the percentage for marriages lasting 19 to 20 years are at 80 percent.
For those marriages lasting longer than 20 years, it is the Court’s discretion to award maintenance for the length of the marriage or for an unspecified amount of time. Other factors may come into play when determining which to choose, such as the age and health of those involved, their earning capabilities, assets, etc.
Temporary maintenance may be awarded while the divorce proceedings are ongoing. If the Court does grant that award, it will count towards the overall duration of maintenance when the divorce is final.
Use of a Former Name
In the past, only women were given the ability to use a former name as part of a divorce. With some couples both changing their name and with same-sex marriages, the statute has been updated to allow either party to resume using a former name.
As time goes on, we expect there to be more modifications to this ever-changing law and we will continue to provide you with updates as they happen.
If you are contemplating divorce or know someone who is, the attorneys at The Greenberg Law Firm are ready to provide you with counsel to guide you through the divorce and custody proceedings. We can be reached at (630)416-4747.