What You Need to Know About Financial Restraining Orders

 Posted on December 14, 2025 in Hidden Assets

A lot is at stake financially during an Illinois divorce. Your marital property, retirement accounts, savings, and other assets are all subject to division. Even your credit score can be impacted by divorce.

Many people have concerns about how their spouse might handle assets during divorce proceedings. After all, the National Endowment for Financial Education estimates that almost half of married people admit they have deceived their spouse financially. If you are worried your spouse could waste, destroy, dissipate, or otherwise try to wreck your marital estate, you need to understand financial restraining orders.

If you worry that your spouse may take actions that could harm your property or financial future, our DuPage County divorce attorneys are here to help. Call us today at 630-462-9500 to take immediate action.

What Is a Financial Restraining Order?

A financial restraining order is a type of temporary court order that restricts both spouses from transferring, selling, concealing, or otherwise disposing of marital property during divorce proceedings. Many people call this "freezing your assets during divorce." This tool helps preserve assets so the court can fairly divide them when your divorce is finalized.

It's important to understand what these orders are and what they are not. Financial restraining orders have nothing to do with domestic violence or physical safety concerns. Those situations require different legal protections, such as orders of protection under the Illinois Domestic Violence Act.

Financial Restraining Orders Are Not Automatic in Illinois

Unlike in some other states, Illinois does not automatically freeze assets when you file for divorce. Illinois previously had an automatic restraining provision, but the Illinois Supreme Court found it unconstitutional in a case called Messenger v. Edgar, 157 Ill.2d 162 (1993).

Today, if you want to freeze marital assets, you must petition the court for relief. This means you need to take specific legal action rather than assuming your assets are protected simply because you filed for divorce.

When Getting a Financial Restraining Order Makes Sense

Consider seeking a restraining order if:

• Your spouse has a history of financial irresponsibility

• You have evidence your spouse is hiding or transferring assets

• Your spouse has threatened to waste marital property

• Significant assets are at risk of being dissipated

In some divorces, cooperation and communication can preserve assets without court orders. If you and your spouse can agree on financial ground rules during your divorce, a voluntary agreement may be less expensive and less contentious than court-ordered restraints.

How Do You Freeze Assets in an Illinois Divorce?

To obtain a financial restraining order in Illinois, you must file a motion with the court under Section 501 of the Illinois Marriage and Dissolution of Marriage Act. Your motion must be accompanied by an affidavit showing a factual basis for the relief you're requesting.

The court will typically require you to prove that you have a clear right to the marital property that needs protection, that you will suffer irreparable harm without the order, that there is no adequate remedy at law, and that you have a substantial likelihood of success in your divorce case.

Temporary Restraining Orders vs. Preliminary Injunctions

Illinois law provides two types of orders for freezing assets. Temporary restraining orders (TROs) can be obtained without notifying your spouse if you can show that immediate and irreparable injury will occur before notice can be given. However, TROs only last for 10 days.

Within that timeframe, you must either convert the TRO to a preliminary injunction or the order will expire. Preliminary injunctions require notice to your spouse and typically involve a hearing. Preliminary injunctions can last throughout your entire divorce proceedings until the court enters a final judgment dividing your property. 

What Gets Frozen When a Financial Restraining Order Is Granted?

When the court grants a financial restraining order, it freezes marital assets for both sides. This is a critical point that surprises many people. The order doesn't just restrict your spouse; it restricts you, too.

Just as your spouse will be blocked from selling property or transferring assets, you will also be blocked from doing so without first obtaining permission from the court. Common restrictions include prohibiting the transfer or sale of property, preventing either spouse from closing joint accounts, forbidding changes to beneficiaries, and requiring notification of any proposed extraordinary expenditures.

What Can You Spend Money on if You Have a Financial Restraining Order?

Not all financial activity stops when a restraining order is in place. Both spouses can continue making transactions in the "usual course of business" or for the "necessities of life." This means you can still buy groceries, pay routine bills like utilities and mortgage, continue operating a business as you normally would, pay reasonable attorney fees, and cover children's ordinary expenses.

The purpose of a financial restraining order is to preserve marital assets, not to prevent either spouse from living their life or meeting basic obligations.

What is "Dissipation of Assets" During Divorce? 

Financial restraining orders often come into play when one spouse suspects the other of dissipating marital assets. Dissipation occurs when a spouse uses marital property for their sole benefit for purposes unrelated to the marriage, typically after the marriage has begun an irretrievable breakdown.

Common examples include spending money on an extramarital affair, excessive gambling losses, purchasing expensive items for personal use without the other spouse's knowledge, transferring assets to hide them, or destroying valuable property out of spite.

Time Limits for Illinois Asset Dissipation Claims

Illinois law requires specific procedures for claiming dissipation. You must file a notice with the court no later than 60 days before trial or 30 days after discovery closes, whichever is later. Your notice must identify the date when the marriage began breaking down, the specific property that was dissipated, and the time period during which it occurred.

Importantly, dissipation claims cannot reach back indefinitely. The law limits claims to dissipation that occurred within five years before filing for divorce, or within three years after you knew or should have known about the dissipation.

Contact a Wheaton, Illinois Divorce Lawyer for a Financial Restraining Order

If you are getting divorced and you are worried about your spouse's irresponsible financial decisions, a financial restraining order may be the best way to protect the marital estate from damage. To learn more, contact The Stogsdill Law Firm, P.C. by calling 630-462-9500 to arrange a confidential consultation with a DuPage County family law attorney to discuss all of your legal options for protection.