Do I Need a Financial Restraining Order for an Illinois Divorce?

 Posted on May 08, 2025 in Asset Division

Many people are unaware that orders of protection, which are typically linked to cases involving harassment or abuse, are not the only type of restraining order. A financial restraining order, also known as a financial temporary restraining order, is about securing funds and assets, and is often employed during high-asset and complex divorces. Consider the function of a financial restraining order and how it may apply to your case. Then, talk to an experienced Wheaton, IL divorce attorney about the steps you can take to protect your right to equal distribution of property during an Illinois divorce.

What Is a Financial Restraining Order Under Illinois Law?

A financial temporary restraining order stops either spouse from making any significant changes to the financial status quo during divorce proceedings. According to Illinois statute 750 ILCS 5/501, the following restrictions are imposed:

• No transferring, concealing, or disposing of property

• Requiring either spouse to notify attorneys of any extraordinary expenditures

• Allowing either party to transfer or dispose of property as long as it is part of the usual course of business or part of the necessities of life

This is a common course of action in complex or high-asset divorces because it stops the selling of high-value property and keeps either party from emptying bank accounts. Neither spouse can make any large purchases while the order is in place, and this ensures that no one interferes with the court’s ability to assess and divide marital property. If you are concerned that your spouse may hide, transfer, or spend any assets, an experienced legal representative can help.

What Does a Judge Require for a Financial Restraining Order During an Illinois Divorce?

A financial temporary restraining order is not provided without a sufficient reason. A judge may ask for proof that this is the only way you can protect your assets or that not having the restraining order would negatively impact your children. You could explain that you will face financial hardship if the judge does not grant the order or that there is a specific need to protect your assets. You may also need to show that the order would not harm the other party.

Talk to a Wheaton, IL Financial Restraining Order Attorney Today

There is no limit to the number of factors that can complicate the divorce process, and when emotions are high, people can become unpredictable. At Andrew Cores Family Law Group, we are a client-focused firm with experience in navigating some of the most complex divorces. Call 630-871-1002 to schedule a free consultation with a DuPage County, IL divorce lawyer today to find out how we can help you protect your assets.