What Can I Do If My Spouse Cuts Me Off Financially During Our Divorce?

 Posted on March 10, 2021 in Divorce

A contentious divorce can be incredibly difficult when you have been accustomed to relying on your spouse for financial support, and this is especially true if your spouse has cut off your support in the time leading up to the divorce. Illinois divorce and family law statutes include provisions to protect financially disadvantaged spouses when it comes to the division of marital property and the allocation of spousal maintenance and child support in the final divorce decree, but a spouse with few resources of their own may find it difficult to support themselves and secure quality legal representation before the divorce is finalized. In such cases, it may be necessary to pursue temporary relief.

Temporary Relief Options During the Divorce Process

As your divorce approaches, there are a few legal options to protect your finances if you fear that your spouse might cut you off or if your spouse has already done so. These options include:

• Petitioning for a temporary financial restraining order: A restraining order can prevent a spouse from transferring, hiding, or blocking the other spouse’s access to assets, except for the purposes of providing for their own necessary living expenses or regular business costs.
• Petitioning for temporary spousal maintenance or child support: When a spouse has limited assets during the divorce process, a court may order the other spouse to make temporary payments to assist with living expenses for the spouse in need and the children of the marriage.
• Petitioning for interim attorney’s fees: In some cases, the court may order a spouse with financial resources to pay the other spouse’s attorney fees to allow them to fairly participate in the litigation process.

It may be a good idea to focus on these petitions for relief early in the process while you have some resources available to hire an attorney. You will also need to prepare to support your petitions with financial affidavits demonstrating that you have a need for relief.

Keep in mind that orders for temporary relief are not necessarily indicative of how the court will decide on financial matters in the divorce resolution. Throughout the process, you should continue to work with your attorney to make your case for a fair distribution of marital assets, and for ongoing spousal support if necessary.

Contact a DuPage County Divorce Lawyer

At Davi Law Group, we understand the importance of protecting your finances throughout the divorce process, and we are prepared to help you take legal action to do so. For a free consultation, contact our Wheaton family law attorneys today at 630-657-5052.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6100000&SeqEnd=8350000

https://www.moneycrashers.com/getting-divorce-process-finances/