Financial Restraining Orders in Illinois Divorce Cases
When most people hear the term “restraining order” during a divorce, they immediately think of domestic violence or personal safety concerns. However, Illinoi s divorce law also allows for financial restraining orders, which are designed to protect money, property, and marital assets—not people.
If you are worried that your spouse may drain accounts, sell property, or hide assets while your divorce is pending, a financial restraining order may be an important legal tool. An experienced Illinois divorce attorney can help you determine whether requesting one is appropriate in your case.
What Is a Financial Restraining Order in an Illinois Divorce?
A financial restraining order is a temporary court order that restricts both spouses from transferring, selling, concealing, or wasting marital assets before the court has an opportunity to divide them. The goal is to preserve the financial status quo during divorce proceedings.
Importantly, this type of restraining order does not prevent either spouse from paying normal living expenses. Illinois law allows both parties to continue covering necessities such as housing, utilities, groceries, insurance, and routine bills—often referred to as the “usual course of business” or “necessities of life.” Any spending outside of those boundaries generally requires notice to the other spouse.
To request a financial restraining order, you must show the court that the assets at issue are marital property. This is typically done through a sworn affidavit outlining the assets and explaining why court intervention is necessary.
When Should You Request a Financial Restraining Order?
Asset division is often one of the most contentious aspects of divorce. Before the court can divide property, it must first identify what assets belong to the marriage. If one spouse fears the other may misuse those assets, seeking a financial restraining order may be appropriate.
These orders are commonly requested in divorces involving:
Significant bank accounts or investments
Business ownership interests
High-value real estate
Retirement accounts or large cash reserves
Judges do not issue financial restraining orders automatically. The court may require evidence showing one or more of the following:
The assets are at risk of being dissipated or concealed
The order is necessary to prevent financial harm
Children may be negatively affected without court intervention
The requesting spouse would suffer hardship if assets are misused
The order will not unfairly burden the other party
If you believe your spouse may spend, sell, hide, or transfer marital assets before they are divided, requesting a financial restraining order could help protect your financial future.
Why Legal Guidance Matters
Financial restraining orders are discretionary, and courts expect detailed, credible evidence before granting them. Working with a knowledgeable divorce attorney ensures your request is properly prepared and supported under Illinois law.
The attorneys at AKL Legal, LLC help clients throughout Lake County and McHenry County take proactive steps to safeguard marital assets during divorce.
Contact a Lake County & McHenry County Divorce Attorney
If you are concerned about protecting your finances during divorce, do not wait until assets are gone. The experienced Grayslake, Illinois divorce lawyers at AKL Legal, LLC can guide you through requesting appropriate court orders and protecting what matters most.
Call 847-262-9888 today to schedule a confidential consultation.
