Can I Freeze Joint Bank Accounts During a Divorce in Illinois?

 Posted on August 15, 2025 in Divorce

Dividing finances can be one of the most stressful parts of ending a marriage. If you are concerned about your spouse draining shared funds before the court can divide them, you can take steps to protect your assets during divorce proceedings. A Kane County, IL divorce attorney can guide you through the process and ensure you are complying with Illinois law.

Does Illinois Have an Automatic Financial Stay When Divorce Begins?

Unlike some states, Illinois does not have an automatic financial stay that immediately freezes assets when a divorce is filed. There is no statutory provision in the Illinois Marriage and Dissolution of Marriage Act that automatically restricts access to marital accounts at the start of proceedings. This means that unless the court issues an order, either spouse can generally access and use joint funds.

However, under 750 ILCS 5/501(a)(2), you may request temporary relief, including orders to preserve marital property. This provision allows you to ask the court for a temporary financial restraining order to prevent your spouse from transferring or spending funds.

What Does a Financial Restraining Order Do During an Illinois Divorce?

A financial restraining order is a court order that restricts both parties from disposing of or transferring assets outside the normal course of living expenses. It is designed to maintain the status quo until the divorce is finalized.

Under 750 ILCS 5/501.1, a temporary restraining order can prohibit either spouse from removing funds from accounts, selling property, or making unusual withdrawals. This protection ensures that marital assets remain intact until the court determines how to divide them. Violating such an order can lead to penalties, and your spouse could be held in contempt of court if they do. The court also has the power to order repayment if your spouse improperly withdraws or spends your shared funds.

How Does the Court Determine Whether a Financial Restraining Order Should Be Granted in Illinois?

When deciding whether to issue a financial restraining order, the court considers whether there is a genuine risk that one spouse will misuse or conceal marital assets. Evidence might include:

• Unexplained large withdrawals from bank accounts

• Sudden transfers of funds to other individuals or accounts

• A history of financial misconduct in the marriage

Under 735 ILCS 5/11-101, you would have to show a likelihood of harm if the order is not granted. The judge will weigh this risk against the potential hardship to the other spouse. If granted, the order typically remains in place until the divorce is finalized or some other legal action is taken.

Contact a Geneva, IL Divorce Attorney Today

If you are concerned about protecting your financial interests during divorce, you will need to take quick legal action. The Kane County, IL divorce lawyers at Serrano Hanson & Hurtado, LLC are prepared to help you seek the necessary court orders to safeguard your assets.

Our entire team speaks Spanish, and we offer sound, comprehensive legal advice at fair prices, ensuring every client receives the guidance they deserve. Call us today at 630-844-8781 for a free, confidential consultation.