Can I Get Maintenance or Child Support While My Divorce is Pending?

Temporary Orders Address Imminent Needs

During your divorce, you will likely experience many changes to your life. Depending on the unique circumstances of your case, you may need to move out of your home and find new living arrangements, you may need to determine how you and your spouse will share custody of your children, and you may need to determine how you will be able to cover your ongoing expenses. If you are concerned about your ability to support yourself, you may be wondering whether you can receive financial support from your spouse. This support can be essential, ensuring that you will be able to establish a life independent from your spouse while providing for your children's needs.

While your divorce is pending, you may be able to get maintenance (also known as spousal support or alimony) or child support by requesting what is known as temporary relief. If the judge in your case determines that it is necessary, a temporary order can be entered allowing you to receive maintenance payments and/or child support. Temporary orders can also address parental responsibilities (also known as child custody), parenting time (visitation)with your children, and other considerations.

In addition to being expensive and stressful, divorce can also be extremely time-consuming. The process can sometimes take weeks, months, or even longer to complete. Despite a pending divorce, however, your life cannot simply stop and wait for a resolution. You still need to make your mortgage payments, buy clothing and food, and adequately provide for your children. Meeting your obligations can be quite difficult when the outcome of your divorce is uncertain. If you are a stay-at-home parent, or if you have relied on your spouse's income to cover your family's expenses, you may be able to receive support payments to ensure that you will be able to avoid financial difficulties. At Mirabella, Kincaid, Frederick & Mirabella, LLC, our attorneys can help you understand your options, and we will advocate for solutions that will meet your needs.

Temporary Orders During the Divorce Process

Under Illinois law, either party in a divorce can file a motion for temporary relief. The court must consider your unique circumstances when making a decision, and it is important to remember that a temporary order may or may not become part of the final divorce judgment. Most often, temporary relief is ordered to provide financial security during the divorce process, usually in the form of maintenance or child support payments. Temporary orders, however, can also address issues related to the allocation of parental responsibility, parenting time, access to the marital home, and other concerns.

At Mirabella, Kincaid, Frederick & Mirabella, LLC, our experienced attorneys understand that, during a divorce, you may feel completely overwhelmed. With our skills and knowledge of the law, we can help you seek the temporary relief you need to provide the peace of mind you deserve. No matter how complex your divorce may seem, we can often simplify the process while securing a favorable outcome.

Contact Our DuPage County Divorce Attorneys

If you are going through a divorce and would like to know more about requesting temporary maintenance or child support, contact our office. Call 630-665-7300 for a confidential consultation today. Mirabella, Kincaid, Frederick & Mirabella, LLC is proud to serve clients throughout DuPage County, Kane County, Kendall County, and Will County.