Protecting Marital Assets During Divorce in Illinois
Dividing finances is often one of the most contentious aspects of divorce. If you are worried that your spouse may withdraw money, transfer funds, or otherwise misuse marital assets before the court divides them, it is important to understand your legal options. An experienced Illinois divorce attorney can help you take immediate steps to protect marital property and comply with state law.
Does Illinois Automatically Freeze Assets When Divorce Is Filed?
Illinois does not impose an automatic financial stay when a divorce case begins. Under the Illinois Marriage and Dissolution of Marriage Act, marital bank accounts and other joint assets are not frozen simply because a petition for divorce is filed.
This means that, absent a court order, either spouse may legally access and use shared funds. For individuals concerned about asset dissipation, this lack of automatic protection can create significant financial risk during divorce proceedings.
Temporary Financial Restraining Orders in Illinois Divorce Cases
Although assets are not automatically frozen, Illinois law allows a spouse to request temporary financial relief. Under 750 ILCS 5/501(a)(2), the court may issue orders to preserve marital property while the divorce is pending.
A financial restraining order may prohibit both parties from:
Transferring or hiding marital assets
Making large or unusual withdrawals
Selling property outside normal living expenses
These orders are designed to maintain the financial status quo until the court determines an equitable division of property.
What Must Be Proven to Obtain a Financial Restraining Order?
Courts do not issue restraining orders lightly. Under 735 ILCS 5/11-101, the requesting party must demonstrate a risk of financial harm if the order is not granted. Evidence may include:
Unexplained depletion of bank accounts
Sudden transfers to third parties
A history of financial misconduct or secrecy
If the court finds a legitimate risk, it may grant temporary financial restrictions. Violating such an order can result in contempt of court, penalties, or an order requiring repayment of improperly spent funds.
Why You Should Not Take Financial Matters Into Your Own Hands
Stopping access to accounts, withholding funds, or making unilateral financial decisions without court approval can backfire. Illinois courts expect compliance with existing orders until they are modified. Attempting to self-protect financially without legal guidance may negatively impact your case.
Speak With a Lake County & McHenry County Divorce Lawyer
If you are concerned about protecting marital assets during divorce, early legal action is critical. The Lake County and McHenry County divorce attorneys at AKL Legal, LLC assist clients with temporary restraining orders, asset protection strategies, and compliance with Illinois divorce law.
Call 847-262-9888 to schedule a free, confidential consultation and learn how to protect your financial interests during an Illinois divorce.
