Temporary Spousal Support Orders

 Posted on July 27, 2016 in Spousal Maintenance

Divorce cases can go on for years, but sometimes decisions need to be made before the judge issues a final order. In many cases, the court has the power to issue temporary orders for cases that are still in progress. One situation in which the court will sometimes issue temporary orders arises during a divorce when one spouse needs spousal maintenance (also known as spousal support).

Situations Where Temporary Spousal Maintenance is Ordered

As more women have entered the workforce, and there are more dual-earner couples, spousal support has become less common. However, sometimes spousal support is still warranted, and a need for immediate spousal support is even more common since many times one spouse needs time to get on their feet before they can be financially independent.

In terms of temporary maintenance before the final divorce order, there are two general circumstances in which the judge will order it:

• When one party cuts off access to funds – If one party is the primary wage earner and they cut off access to funds, then the other party may request a temporary spousal maintenance order. A judge is likely to grant an order if the non-wage earning spouse needs to access that money to support themselves and especially if they are also caring for the couple’s minor children.
• When they cannot come to an agreement – If the parties cannot agree on a temporary scheme for spousal maintenance, who will pay what bills or any other element of dividing household expenses, the court may be willing to issue a temporary maintenance award so the parties can manage their joint finances while the case is pending.

Temporary maintenance orders are just that: temporary. However, many times the court will issue a temporary order that is as similar as possible to what it thinks the final order will be. However, both sides will have further opportunity to provide evidence to try to get a different result for the final order.

Changes to the Procedure

In the comprehensive changes of the Illinois Marriage and Dissolution of Marriage Act that became effective January 1, 2016, there were also changes to the procedure for getting a temporary order of spousal maintenance. Now parties have the chance to challenge any perceived irregularities in the financial disclosure affidavit that the other party completes. The court will hold a quick hearing to decide whether there is any misrepresentation by a party and also to decide whether, and in what amounts, to order temporary spousal support to be paid. This procedure is supposed to expedite the temporary orders while still having enough evidence to make a fact-based decision.

Reach Out to Us for Assistance

If you need a temporary order of spousal support to meet your needs or if you want to fight a temporary support order that the other party is requesting, you need a knowledgeable attorney on your side to make the best case for you. Our skilled DuPage County maintenance and alimony attorneys at Davi Law Group, LLC can answer your questions and represent your interests in court.

Sources:

https://www.isba.org/ibj/2015/09/solvingxyillinoisspousalmaintenance
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000