In re Marriage of Wig

In dissolution of marriage proceeding, parties' marital settlement agreement (MSA) unambiguously provided that wife shall pay husband maintenance amounting to 30%of her gross income minus 20% of husband's gross income; and that the maintenance payments are includable in husband's gross income and deductible by wife for any tax purposes. As the MSA clearly and unambiguously provides how maintenance is calculated, it must be followed. Before wife began receiving her share of husband's pension benefits, wife lost her job and started a new one. As wife's duty to pay maintenance was not yet triggered, her change in employment was not a "change in circumstances" contemplated by the agreement but a revised baseline for initial calculation of maintenance. Because wife's entitlement to maintenance was not in question when the 2019 version of the Marriage and Dissolution of Marriage Act became effective, that version of the Act does not govern. Section 801 does not apply, because setting of maintenance is controlled entirely by contractual terms. Issue of maintenance was determined in August 2018 when court issued dissolution judgment incorporating the MSA. What remained as of 1/1/2019 was the calculation of that maintenance, and thus the former version of Section 504 would apply. (BRIDGES and McLAREN, concurring.)