Temporary maintenance during divorce is a major issue that is often contested by the other spouse.
Judges have broad discretion on how they decide temporary maintenance during divorce so you need an experienced local divorce lawyer with insight into the judge’s typical rulings on this critical issue.
What Does a Temporary Maintenance-Seeking Spouse Need to File with the Court?
If you think that you may need temporary maintenance during divorce to support yourself while the divorce case is pending, your attorney can file a petition for temporary relief.
Are There Additional Documents Needed to File a Petition for Temporary Maintenance During Divorce?
Yes, under the Temporary Relief section of the Illinois Marriage and Dissolution of Marriage Act, a request for temporary maintenance during divorce must be accompanied by a financial affairs affidavit detailing the factual basis for the relief requested. The Illinois Supreme Court has one standard financial affairs affidavit form that each party must complete.
The financial affairs affidavit is a form approved by the Illinois Supreme Court which includes detailed monthly income and expenses. Income includes all sources – earned income, pension, overtime, cash, gambling, etc. Expenses also includes everything broken down on a monthly basis (e.g., household expenses). Child-related expenses are in one sense a marital expense but it is a separate category for purposes of the financial affairs affidavit.
The party petitioning for temporary relief must produce evidence of the petitioning party’s finances. To meet this requirement, income tax returns, pay stubs, banking statements, and any other proof of the petitioning party’s finances should be attached to the financial affairs affidavit. Thus, if you are considering filing for divorce, try to be aware of and have a copy of your important financial documents. This preparation may expedite the process and alleviate additional attorney fees. However, if your spouse has kept you in the dark regarding your finances, do not worry, we may be able to either subpoena the financial records or obtain them through a legal proceeding.
Is There a Court Hearing to Decide Whether Temporary Maintenance is Appropriate?
Yes, the court hearing to decide the issue of whether temporary temporary maintenance during divorce is appropriate used to be a long drawn-out evidentiary hearing. However, this issue is now dealt with on a summary basis, which means there will be an abbreviated hearing where the court reviews the financial affairs affidavit, supporting documents, allocated parenting time and listens to brief oral arguments by your attorney. There is still an exception for good cause, meaning a more extensive evidentiary hearing may be appropriate at times.
Any disparity between the financial affairs affidavits and/or the attached documents allegedly in support of the financial affairs affidavits may be challenged upon a motion by your divorce attorney, and a subsequent hearing will be held on the issue. Courts may impose substantial penalties and sanctions for inaccurate or misleading financial affairs affidavits if they are intentionally or recklessly filed.
Will Financial Records be Available to the Public?
If you are concerned about your finances being viewed by the public, don’t worry, any financial affairs affidavit and/or supporting financial documents submitted to the court are not public record, unless otherwise ordered by the court. In most cases, the court would not have reason to make these documents public record. It has long been the Illinois court system’s intention to keep personal financial affairs private if at all possible.
When Do Temporary Maintenance Orders End?
Temporary relief orders terminate when the court enters a final judgment order or when the court dismisses the divorce case.
Can a Temporary Maintenance Order be Modified?
If an order for temporary maintenance during divorce is entered, there is still an opportunity for modification or revocation before the final judgment, on a showing by affidavit and upon hearing (meaning if the party submits an affidavit stating why the temporary relief order should be modified or revoked and the court finds the reason(s) to be sufficient).
What Does Temporary Maintenance Include?
- Filing a motion for temporary relief includes:
- Spousal maintenance
- Marital expenses (e.g., mortgage, loan payments, etc)
- Child support
- Child-related expenses (e.g., health care costs, extracurricular activities, school-related expenses)
- Interim attorney fees
Sometimes the attorney fees request is done with a separate motion stating the retainer amount paid, the fees incurred, the balance remaining from the retainer fee, and the upcoming anticipated fees). Judges typically will not award past attorney fees at a temporary relief hearing because this issue is addressed later when the judge divides the marital assets and debts.
An Experienced Local Divorce Lawyer Can Help
At Koth Gregory & Nieminski, our divorce lawyers appear before the same family law judges each week at the courthouse in McLean County. Our divorce attorneys know the judges’ tendencies, which allows us to counsel our clients on whether is it a good idea to pursue temporary maintenance and how to maximize the relief.
Published (revised): August 6, 2025
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