What Temporary Orders Can You Request During an Illinois Divorce?

 Posted on August 05, 2026 in Kane

A divorce can take a long time, but your household expenses and responsibilities as a parent don’t stop while the case is pending. You may need to decide how you will support yourself or how you and your spouse will divide parenting time long before the divorce is final.

Illinois courts can enter temporary orders to address these concerns while a divorce is underway. If you are going through an Illinois divorce, a Kane County divorce attorney can help you determine what temporary relief may help provide stability until the court enters a final judgment.

What Financial Support Can You Request During a Divorce in Illinois?

Under 750 ILCS 5/501 of the Illinois Marriage and Dissolution of Marriage Act, either spouse may ask for temporary maintenance or child support.

Temporary maintenance can help a spouse who does not have enough income to pay regular expenses. This could be particularly relevant for a parent who stayed home with the children during the marriage and may need help paying for groceries and utilities after the spouses separate.

For temporary child support, this can help pay for a child's needs before the divorce is final. If the spouses disagree about the support, the court can order it. They may review tax returns and other financial records before making a decision.

What Happens With Parenting Time While a Divorce Is Pending in Illinois? 

Parents often need a schedule for their children before they have a final parenting plan. According to 750 ILCS 5/603.5, a judge can set temporary parental responsibilities based on the child's best interests.

A temporary order may address:

• Where the child will stay during the week and on weekends
• How the parents will divide parenting time
• Who will make major decisions about the child's education, health care, religion, and activities
• How the parents will handle exchanges

For example, parents may disagree about where their child should stay on school nights. A temporary order can set a schedule so the family does not have to leave the issue unresolved for months.

Parents can also agree on a temporary parenting plan and submit it to the court. If they cannot agree, a judge can hold a hearing and decide what arrangement is best for the child.

Can a Temporary Order in Illinois Protect Property During a Divorce?

A temporary order can protect property while a divorce is pending. This may be important if one spouse is worried that money or other assets will disappear before the divorce is final.

In the event that one spouse takes a large amount of money from a joint account or tries to sell valuable property, the other spouse may ask the court to stop certain transfers or sales. The law still allows spouses to use money or property for normal business needs and basic living expenses.

A court can also order the sale of an asset or require a spouse to borrow money in some cases. This can address an urgent need without deciding how the couple will divide all of their property.

Will a Temporary Order in Illinois Affect the Final Divorce Judgment?

A temporary order sets rules while the divorce is pending. However, it does not automatically become part of the final divorce judgment.

Parents may use one parenting schedule during the divorce and agree to a different schedule in their final parenting plan. A spouse who receives temporary maintenance may also receive a different amount after the divorce or may not receive maintenance at all.

A temporary order under Section 501 generally remains in effect only while the case is pending and terminates when final judgment is entered or the underlying petition is dismissed.

What Information Can Help When Requesting a Temporary Order in Illinois?

To begin with, your attorney will need to understand the problem you want the temporary order to address. A request for temporary financial support generally requires detailed financial disclosures and supporting documentation, such as tax returns, pay stubs, and banking records.

Different information may be needed when addressing parenting issues. This can range from your child's school schedule and your work hours to your family's usual parenting routine and the child’s regular needs. This can help show what type of schedule could work or if child support is needed.

Giving your attorney this information early can help them decide whether to ask the judge for an order or try to reach an agreement with your spouse.

Contact a Kane County Divorce Attorney About Temporary Orders

You do not have to wait until your divorce is final to address financial or parenting concerns. A St. Charles divorce and family lawyer at Mirabella, Kincaid, Frederick & Mirabella, LLC can explain what temporary orders may help during your divorce. Call 630-665-7300 to schedule an initial attorney meeting.

MKFM Law serves family law clients from our offices located in Kane, DuPage, and DeKalb Counties.