Can I Receive Alimony While My Divorce Is Pending?

 Posted on October 28, 2026 in Spousal Support

Alimony, called maintenance in Illinois, doesn't have to wait until a divorce is final. A divorce can take months or longer to resolve, causing financial strain in the meantime. If you depend on your spouse's income and are going through a divorce in 2026, a Glen Ellyn, IL spousal support attorney can help you ask for support while your case moves forward.

How Can You Get Temporary Maintenance During an Illinois Divorce?

Illinois law lets either spouse file a petition for temporary maintenance once a divorce case is underway (750 ILCS 5/501(a)(1)). The request has to come with a financial affidavit. This is a statewide form that lists your income, expenses, assets, and debts.

The affidavit must be backed by records, such as tax returns, pay stubs, and bank statements. A spouse who files a misleading affidavit on purpose or recklessly can face penalties, including paying their spouse's attorney's fees.

Temporary maintenance is usually decided on a "summary basis." That means the judge often rules based on the paperwork and the attorneys' arguments rather than a full trial with witnesses. A judge can hold an evidentiary hearing if there's good cause for one, though.

How Is Temporary Alimony Calculated in Illinois?

Illinois judges can consider the guideline formula used for final maintenance awards when deciding temporary support, but they are not required to follow it. Under 750 ILCS 5/504, these guidelines apply to maintenance awarded after divorce when the spouses' combined gross income is under $500,000 a year and the paying spouse has no support duty from a prior relationship.

The formula takes 33.33 percent of the paying spouse's net income and subtracts 25 percent of the other spouse's net income. The maintenance plus the receiving spouse's own net income can't be more than 40 percent of the couple's combined net income under the guideline calculation.

For temporary maintenance, the judge considers each spouse's financial circumstances and needs when deciding how much support is appropriate. The court can use a different amount from the guideline calculation. In higher-income cases, the court weighs factors like each spouse's needs, earning capacity, and the standard of living during the marriage.

What Happens to Temporary Maintenance When an Illinois Divorce Is Finalized?

A temporary maintenance order ends when the final judgment is entered. The temporary order doesn't affect whether maintenance is ordered long-term in the final judgment. A spouse who received temporary support may get a different amount of maintenance, or none at all, in the final judgment, depending on what the court thinks is appropriate.

In some cases, time spent receiving temporary maintenance can affect how long permanent maintenance is awarded. A judge has discretion to credit those months against the length of a final guideline award. If your divorce takes a long time, this may shorten how long final maintenance lasts.

Either spouse can also ask the court to change the temporary order before the divorce is final. This might happen if the paying spouse loses a job or the receiving spouse starts earning more.

What Evidence Do You Need When Asking for Temporary Maintenance in Illinois?

A strong request starts with clear records. It can help to collect:

• Your last few years of tax returns
• Recent pay stubs for you and, if you can get them, your spouse
• Bank, credit card, and retirement account statements
• A list of your monthly household expenses
• Records showing who paid which bills during the marriage

If your spouse controls the household finances, you may not have access to all of these. Your attorney can request the missing records through the court process.

Call a Lombard, IL Alimony Attorney Today

Waiting for a final judgment can leave you short on money for months. A temporary maintenance order may help you cover rent, utilities, and other basic costs while the rest of your divorce is worked out.

Our Glen Ellyn, IL spousal support lawyers can help you prepare your financial affidavit and present your request to the court. The two lawyers at The Law Offices of Robert F. Kramer, Ltd. bring over 40 years of combined experience, including accomplished trial and appellate work. We'll guide you through each step of your case.

Call The Law Offices of Robert F. Kramer, Ltd. at 630-785-2400 to schedule your free 30-minute initial consultation.