Can I Request Temporary Spousal Maintenance During an Illinois Divorce?

 Posted on July 07, 2026 in Spousal Maintenance

Spousal maintenance is meant to offer financial support to a lower-earning or dependent spouse. This isn’t limited to after a divorce is finalized. If needed, a spouse can request temporary maintenance while their divorce case is still underway. This can be very valuable help for spouses who are unemployed or working low-paying jobs.

If you are worried about how you’ll make ends meet during your 2026 divorce proceedings, a Naperville, IL divorce attorney can help you understand your options for financial aid.

When Can an Illinois Court Order Maintenance During a Divorce?

The Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/501(a)) allows either spouse to file a motion for temporary maintenance at any point during their divorce proceedings. This motion runs separately from the rest of the case. In other words, temporary maintenance is not treated like the other issues that must be resolved before a divorce is finalized. Because of this, temporary maintenance can be put in place relatively quickly compared to permanent orders.

To decide who gets temporary maintenance, the court looks at the financial situation of both spouses. The decision to grant temporary maintenance is based on whether financial support is necessary while the divorce is pending. 

Relevant considerations include:

• Each spouse's current income or earning potential

• The standard of living the couple had while they were married

• How much money each spouse will need to cover reasonable expenses while the divorce is pending

The court will typically use similar guidelines for determining whether someone needs temporary or long-term maintenance. The court generally has much more leeway when determining temporary maintenance, though. This decision is based on the immediate needs of the person applying.

What Do You Need to File a Temporary Spousal Maintenance Request in Illinois?

Filing for temporary maintenance requires both a motion and a financial affidavit. The affidavit is a sworn statement that details your current financial circumstances. This affidavit must be accurate and honest. Knowingly providing false or misleading information can result in serious consequences.

Your financial affidavit should include the following:

• All income from every source, including wages, bonuses, investment income, and any other regular payments

• Monthly living expenses, including housing, utilities, food, transportation, and childcare

• Outstanding debts such as credit cards, loans, or any other financial obligations

• Supporting documentation such as recent pay stubs, bank statements, and the most recent tax returns

The court will also take into account the current parenting time arrangement. Any parental responsibilities that affect each spouse's finances will be considered. A parent who is the primary caregiver for the children during the divorce is likely to have much greater financial needs than one who is not.

What Happens if the Financial Affidavit for Temporary Maintenance Is Inaccurate?

Illinois courts take financial disclosures very seriously. If a spouse files an inaccurate or misleading financial affidavit, the court can impose serious penalties. This can include ordering that one spouse pay the other's attorney's fees and court costs. These may be added on top of any other penalties the court sees fit.

If you're the one filing for temporary maintenance, make sure your affidavit is accurate. Also, make sure it is supported by documentation. If you believe your spouse is lying about their finances, you have the right to raise your concerns with the court.

How Long Does Temporary Maintenance Last in Illinois?

A temporary maintenance order ends when the divorce is finalized. At this point, a permanent order may or may not be put in place.

A court may modify a temporary maintenance order if circumstances justify a change, such as a significant change in either spouse's financial situation. If the paying spouse loses a job, or if the receiving spouse starts a new one, either party can return to court to request an adjustment.

Does Getting Temporary Spousal Maintenance Make It More Likely That You’ll Get Maintenance After the Divorce?

Receiving temporary maintenance does not guarantee more permanent maintenance later. The processes for deciding temporary and permanent maintenance are separate. A more structured approach is used when deciding long-term maintenance.

Circumstances may also change substantially by the time a divorce decree is finalized. Custody arrangements may change, altering how much each spouse is spending on children every month. It’s not uncommon for the receiving spouse to find employment by the time a divorce is finalized. This must be factored into the decision about whether spousal maintenance will be granted long-term.

Call a DuPage County, IL Divorce Attorney Today

Temporary maintenance can be an important tool during a difficult time. Having someone who can advocate for your situation and walk you through the necessary paperwork can make a big difference.

With almost two decades of legal experience, our Naperville, IL maintenance lawyers can offer you guidance through the entirety of your divorce case. Call Pesce Law Group, P.C. at 630-352-2240 today to schedule your free consultation.