What Is 750 ILCS 5/501? Illinois Temporary Relief

Under 750 ILCS 5/501, either spouse in an Illinois divorce or legal separation can ask the court for temporary relief while the case is pending. A judge can order temporary maintenance, child support, restraining orders protecting marital assets, exclusive possession of the family home, and interim attorney fees. The orders take effect quickly, last until the final judgment or dismissal, and do not lock in any outcome at trial.¹

What You Can Ask the Court For

Section 501 groups temporary relief into several categories, and you can request more than one in the same petition.

Temporary Maintenance

If you earn significantly less than your spouse, you can ask for temporary maintenance to cover living expenses during the case. The request must be supported by a financial affidavit and backup documents.¹

Temporary Child Support

Either parent can ask for temporary child support so the children’s day-to-day needs stay funded while the litigation runs. The same affidavit-and-documents requirement applies.¹

Restraining Orders Protecting Marital Assets

Either spouse can request an order that prevents the other from moving, hiding, or spending down marital assets, including bank accounts, retirement funds, and real estate. These orders generally permit everyday living expenses and ordinary business costs but block large or unusual transactions without notice to the other spouse and the court.¹ Divorce cases can run for many months, and the spouse holding the checkbook can do real damage to the marital estate before a judge ever rules on property division.

Exclusive Possession of the Marital Home

The court can grant one spouse exclusive possession of the marital residence and order the other to move out. This is not routine. The judge grants it only when continuing to live together puts the physical or mental well-being of a spouse or the children at risk. Before issuing the order, the court must hold a full hearing (unless it waives that requirement for good cause) and weigh the hardships on each side. An exclusive-possession order does not affect either spouse’s homestead rights in the property.¹

Interim Attorney Fees

When one spouse controls most of the money, the other can be priced out of the case. Section 501 lets the court order one spouse to pay the other’s interim attorney fees so both sides can hire competent counsel. To get an award, you must show you lack adequate access to income or assets to pay a lawyer and that your spouse has the ability to contribute. The court considers each spouse’s income, earning capacity, the complexity of the issues, and what your spouse has already paid their own attorney. Absent good cause for a different amount, the interim award should be at least equal to what the other spouse is paying their lawyer. If both sides are short on funds, the court can split the available money between the two attorneys to achieve rough parity.¹

Other Appropriate Relief

The statute gives the judge broad discretion to order other appropriate temporary relief, including directing the purchase or sale of assets or requiring a party to borrow money when circumstances call for it.¹ In practice, this is where requests like keeping existing health insurance in force or continuing specific household bills may fall.

How Temporary Maintenance Is Calculated

Temporary maintenance uses the same formula as post-divorce maintenance under 750 ILCS 5/504. The calculation is 33⅓% of the payor’s net annual income minus 25% of the recipient’s net annual income. A cap applies: the payment, when added to the recipient’s own net income, cannot push the recipient above 40% of the couple’s combined net income.²

The guideline formula only applies when the couple’s combined gross annual income is under $500,000 and the paying spouse has no preexisting support obligations from a prior relationship. If either condition is not met, the judge has more discretion in setting the amount. Any time you receive temporary maintenance during the case can be credited against the final maintenance duration, so the clock on post-divorce support may already be running.²

The Financial Affidavit and Documents You Need

Any request for temporary maintenance or child support must include a financial affidavit. Illinois uses a single statewide form developed by the Supreme Court, available through the court’s website or your local Circuit Clerk.¹ The affidavit is sworn, so accuracy matters. Misstatements can lead to sanctions or hurt your credibility at trial.

The affidavit covers gross income from all sources, deductions, monthly living expenses, and outstanding debts. You back it up with documentary evidence, including income tax returns, pay stubs, and bank statements.¹ The statute names those three categories but uses open-ended language, so the court can ask for more depending on the complexity of your finances. If your spouse owns a business, expect requests for profit-and-loss statements or corporate tax returns. Gather these records before you file. The judge’s decision depends almost entirely on your written financial picture, and sloppy paperwork is one of the fastest ways to lose a temporary support hearing.

How the Hearing Works

Temporary maintenance and child support requests are handled through a summary hearing. The judge decides based on the written affidavits, tax returns, pay stubs, bank statements, and other relevant documents rather than live testimony. Either side can request a full evidentiary hearing with witnesses, but only on a showing of good cause. Interim attorney fee proceedings follow the same summary, nonevidentiary pattern unless good cause justifies more.¹ The upside is speed: a ruling in weeks rather than months. The downside is that everything turns on your documents.

Filing, Service, and Fees

To start, file a petition for temporary relief along with your financial affidavit and supporting documents with the Circuit Clerk. Filing fees vary by county, and some circuits charge several hundred dollars. If you cannot afford them, Illinois has a fee waiver system under 735 ILCS 5/5-105. A full waiver is available if you receive certain public benefits or your income is at or below 125% of the federal poverty level, with partial waivers on a sliding scale up to 200% of the poverty level.³

After filing, you must serve your spouse with notice of the motion and the hearing date. Local rules in your county set the method and timing. Hearings are typically scheduled through the Clerk, often on designated motion days.

Emergency Orders Without Notice

Most temporary relief requires notifying your spouse and setting a hearing. In urgent situations, though, the court can issue a temporary restraining order without any notice. You must file an affidavit showing you will suffer irreparable injury if the court waits for the normal response period.¹ The classic case is a spouse about to drain a joint account or sell off property. A hearing with both sides present follows shortly after.

Section 501 is not the vehicle for domestic violence protection. If abuse is involved, an emergency order of protection under the Illinois Domestic Violence Act (750 ILCS 60/214) has its own expedited procedures and can be requested alongside or independent of relief under Section 501.

If Your Spouse Violates the Order

A temporary order is a court order, and ignoring it carries real consequences. If your spouse fails to pay court-ordered support, the court can hold them in contempt. Penalties can include probation, periodic imprisonment of up to six months, or both. A jailed spouse’s earnings can be directed to the custodial parent or to the Clerk of the Circuit Court for child support.⁴

For a spouse who falls 90 or more days behind on support, the court can suspend their Illinois driver’s license until they come into compliance. Self-employed obligors who violate support orders can be required to submit monthly financial statements and report to the Department of Employment Security for job-search assistance.⁴

How Long the Order Lasts and How to Change It

Temporary orders are placeholders. They do not prejudice either spouse’s rights at trial, meaning the judge deciding the divorce is free to reach entirely different conclusions on maintenance, support, or property.¹

If your financial situation changes significantly while the case is pending, you can ask the court to modify or revoke the order. You will need an affidavit explaining the changed circumstances and a hearing. Common triggers include job loss, a significant raise, a new medical condition, or a change in the children’s living arrangements.¹

Every temporary order automatically terminates when the court enters a final judgment of dissolution or when the petition is dismissed. Interim attorney fee awards are treated as advances from the marital estate and are subject to a final accounting, so any overpayment can be adjusted at the end of the case.¹

Taxes and Bankruptcy

For divorce or separation agreements executed after December 31, 2018, temporary maintenance is neither deductible by the payor nor taxable to the recipient.⁵ Child support has never been taxable: the paying parent cannot deduct it, and the recipient does not report it as income.⁶ Older orders predating 2019 may follow different rules.

If your spouse files for bankruptcy, temporary maintenance and child support obligations survive the discharge. Federal bankruptcy law specifically excludes domestic support obligations from debts that can be wiped out, and interim attorney fee awards that qualify as domestic support obligations get the same protection.⁷

1
Illinois General Assembly. Illinois Code 750 ILCS 5/501 – Temporary Relief
2
Illinois General Assembly. Illinois Code 750 ILCS 5/504 – Maintenance
3
FindLaw. Illinois Code 735 ILCS 5/5-105 – Waiver of Court Fees, Costs, and Charges
4
Illinois General Assembly. Illinois Code 750 ILCS 5/505 – Child Support
5
Internal Revenue Service. Divorce or Separation May Have an Effect on Taxes
6
Internal Revenue Service. Alimony, Child Support, Court Awards, Damages 1
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Office of the Law Revision Counsel. 11 U.S. Code 523 – Exceptions to Discharge