Do I Need a Financial Restraining Order During My Divorce?

 Posted on September 22, 2026 in Divorce

The divorce process can be stressful, and financial uncertainty can make it harder. As you separate from your spouse, you could become concerned about what will happen to your money or property before the divorce is final.

A financial restraining order can protect marital property when there is a real risk that a spouse will transfer or dispose of assets during an Illinois divorce. If you are concerned about your spouse's financial actions in 2026, a Will County, IL divorce attorney can help you protect your marital assets.

What Is a Financial Restraining Order in an Illinois Divorce?

A financial restraining order limits what a spouse can do with property while a divorce is pending. It can stop major changes to bank accounts, investments, real estate, or other assets before the court divides the marital estate.

Under 750 ILCS 5/501, either spouse can ask the court for a temporary restraining order or preliminary injunction. The order can stop a spouse from transferring or disposing of property. A spouse asking for this protection must give the court evidence that supports the request.

The purpose of the order is to protect property while the divorce moves forward. It is not meant to stop spouses from paying normal expenses.

When Is a Financial Restraining Order Necessary in an Illinois Divorce?

A financial restraining order can be useful when there are signs that marital property is at risk. For example, you could discover that your spouse is moving large amounts of money or trying to sell valuable property without telling you.

Other warning signs include:

• Large or unexplained withdrawals from marital accounts
• Attempts to transfer property to another person
• Efforts to hide investments or financial accounts
• Unusual spending that reduces the marital estate
• Plans to sell or borrow against valuable property before the divorce is final

These actions can reduce the property available for fair and equitable division. If you notice unusual financial activity, save account statements and other records that show what happened. Then, contact an attorney right away.

Can You Still Pay Bills After an Illinois Financial Restraining Order Is Issued?

A financial restraining order often allows spouses to continue paying necessary living expenses and making transactions in the usual course of business. However, the exact limits depend on what the court orders. And the court can impose tighter restrictions if it puts other arrangements in place for necessary personal and business expenses. Larger or unusual expenses are different. The court can place limits on these transactions to prevent a spouse from reducing the marital estate.

How Do You Obtain a Financial Restraining Order in Illinois?

You must ask the court for a financial restraining order and explain why it is needed. To do so, provide evidence of the activity that puts marital property at risk.

Bank statements and transaction records can help support your request. Messages about planned transfers or documents showing an attempted sale can also provide useful evidence. The judge will review the information and decide whether financial limits are needed.

In an emergency, the court can issue a temporary restraining order before the other spouse receives notice. For this to happen, the court must find that waiting would cause irreparable harm. In this context, that could include property being transferred or disposed of before the court can act.

A temporary restraining order issued without notice lasts no more than 10 days. The court can extend it for good cause, or the other spouse can agree to a longer extension. The motion for a preliminary injunction must then be set for hearing as soon as possible.

What Happens if Your Spouse Violates an Illinois Financial Restraining Order?

A spouse must follow a financial restraining order while it is in effect. If your spouse violates it by hiding or transferring property, you can bring the issue back before the court. Violating a court order can also lead to contempt proceedings. The court decides what action is needed to address the violation.

Can a Financial Restraining Order Protect a Business During an Illinois Divorce?

As previously mentioned, normal business activity can continue while limits are placed on unusual transfers. For example, a business owner can still need access to company funds to cover payroll or pay vendors. At the same time, the owner cannot use the business to hide marital property, transfer money to another person, or move assets to keep them out of the divorce. Large or unusual transactions may receive closer review, especially if they reduce the value of the business or the marital estate.

Contact Our Joliet Property Division Attorneys

If you are concerned that your spouse is moving or disposing of assets, addressing the problem early can help preserve property before it is divided. The attorneys at The Foray Hurst Firm are committed to preserving the dignity of families in transition.

Contact a Will County asset division divorce lawyer or call 312-702-1293 to discuss your financial concerns during divorce.