ILCS » Chapter 750 · Act 5
Illinois Compiled Statutes

750 ILCS 5/501 (2026)

Temporary relief

✓ current as of May 2026
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(750 ILCS 5/501) (from Ch. 40, par. 501)
    Sec. 501. Temporary relief. In all proceedings under this Act, temporary relief shall be as follows:
    (a) Either party may petition or move for:
        (1) temporary maintenance or temporary support of a
    
child of the marriage entitled to support, accompanied by an affidavit as to the factual basis for the relief requested. One form of financial affidavit, as determined by the Supreme Court, shall be used statewide. The financial affidavit shall be supported by documentary evidence including, but not limited to, income tax returns, pay stubs, and banking statements. Unless the court otherwise directs, any affidavit or supporting documentary evidence submitted pursuant to this paragraph shall not be made part of the public record of the proceedings but shall be available to the court or an appellate court in which the proceedings are subject to review, to the parties, their attorneys, and such other persons as the court may direct. Upon motion of a party, a court may hold a hearing to determine whether and why there is a disparity between a party's sworn affidavit and the supporting documentation. If a party intentionally or recklessly files an inaccurate or misleading financial affidavit, the court shall impose significant penalties and sanctions including, but not limited to, costs and attorney's fees;
        (2) a temporary restraining order or preliminary
    
injunction, accompanied by affidavit showing a factual basis for any of the following relief:
            (i) restraining any person from transferring,
        
encumbering, concealing or otherwise disposing of any property except in the usual course of business or for the necessities of life, and, if so restrained, requiring him to notify the moving party and his attorney of any proposed extraordinary expenditures made after the order is issued; however, an order need not include an exception for transferring, encumbering, or otherwise disposing of property in the usual course of business or for the necessities of life if the court enters appropriate orders that enable the parties to pay their necessary personal and business expenses including, but not limited to, appropriate professionals to assist the court pursuant to subsection (l) of Section 503 to administer the payment and accounting of such living and business expenses;
            (ii) enjoining a party from removing a child from
        
the jurisdiction of the court for more than 14 days;
            (iii) enjoining a party from striking or
        
interfering with the personal liberty of the other party or of any child; or
            (iv) providing other injunctive relief proper in
        
the circumstances; or
        (3) other appropriate temporary relief including, in
    
the discretion of the court, ordering the purchase or sale of assets and requiring that a party or parties borrow funds in the appropriate circumstances.
    Issues concerning temporary maintenance or temporary support of a child entitled to support shall be dealt with on a summary basis based on allocated parenting time, financial affidavits, tax returns, pay stubs, banking statements, and other relevant documentation, except an evidentiary hearing may be held upon a showing of good cause. If a party intentionally or recklessly files an inaccurate or misleading financial affidavit, the court shall impose significant penalties and sanctions including, but not limited to, costs and attorney's fees resulting from the improper representation.
    (b) The court may issue a temporary restraining order without requiring notice to the other party only if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury will result to the moving party if no order is issued until the time for responding has elapsed.
    (c) A response hereunder may be filed within 21 days after service of notice of motion or at the time specified in the temporary restraining order.
    (c-1) As used in this subsection (c-1), "interim attorney's fees and costs" means attorney's fees and costs, including an allowance from the other party for a retainer fee to obtain an attorney, assessed from time to time while a case is pending, in favor of the petitioning party's current counsel, for reasonable fees and costs either already incurred or to be incurred, and "interim award" means an award of interim attorney's fees and costs, including an allowance from the other party for a retainer fee to obtain an attorney. Interim awards shall be governed by the following:
        (1) Except for good cause shown, a proceeding for (or
    
relating to) interim attorney's fees and costs in a pre-judgment dissolution proceeding shall be nonevidentiary and summary in nature. All hearings for or relating to interim attorney's fees and costs under this subsection shall be scheduled expeditiously by the court. When a party files a petition for interim attorney's fees and costs supported by one or more affidavits that delineate relevant factors, the court (or a hearing officer) shall assess an interim award after affording the opposing party a reasonable opportunity to file a responsive pleading. A responsive pleading shall set out the amount of each retainer or other payment or payments, or both, previously paid to the responding party's counsel by or on behalf of the responding party. A responsive pleading shall include costs incurred, and shall indicate whether the costs are paid or unpaid. In assessing an interim award, the court shall consider all relevant factors, as presented, that appear reasonable and necessary, including to the extent applicable:
            (A) the income and property of each party,
        
including alleged marital property within the sole control of one party and alleged non-marital property within access to a party;
            (B) the needs of each party;
            (C) the realistic earning capacity of each party;
            (D) any impairment to present earning capacity of
        
either party, including age and physical and emotional health;
            (E) the standard of living established during the
        
marriage;
            (F) the degree of complexity of the issues,
        
including allocation of parental responsibility, valuation or division (or both) of closely held businesses, and tax planning, as well as reasonable needs for expert investigations or expert witnesses, or both;
            (G) each party's access to relevant information;
            (H) the amount of the payment or payments made or
        
reasonably expected to be made to the attorney for the other party; and
            (I) any other factor that the court expressly
        
finds to be just and equitable.
        (1.5) A petition for interim fees that seeks an order
    
for the payment of an initial retainer to retain an attorney shall have attached to it an affidavit from the attorney to be retained that the attorney has been contacted by the moving party and the attorney has agreed to enter an appearance if the court grants the relief requested, together with a certificate from the moving party that the interim fees granted will only be used by the moving party to retain the attorney. Any interim fees granted pursuant to this paragraph shall be paid directly to the identified attorney.
        (2) Any assessment of an interim award (including one
    
pursuant to an agreed order) shall be without prejudice to any final allocation and without prejudice as to any claim or right of either party or any counsel of record at the time of the award. Any such claim or right may be presented by the appropriate party or counsel at a hearing on contribution under subsection (j) of Section 503 or a hearing on counsel's fees under subsection (c) of Section 508. Unless otherwise ordered by the court at the final hearing between the parties or in a hearing under subsection (j) of Section 503 or subsection (c) of Section 508, interim awards, as well as the aggregate of all other payments by each party to counsel and related payments to third parties, shall be deemed to have been advances from the parties' marital estate. Any portion of any interim award constituting an overpayment shall be remitted back to the appropriate party or parties, or, alternatively, to successor counsel, as the court determines and directs, after notice in a form designated by the Supreme Court. An order for the award of interim attorney's fees shall be a standardized form order and labeled "Interim Fee Award Order".
        (3) In any proceeding under this subsection (c-1),
    
the court (or hearing officer) shall assess an interim award against an opposing party in an amount necessary to enable the petitioning party to participate adequately in the litigation, upon findings that the party from whom attorney's fees and costs are sought has the financial ability to pay reasonable amounts and that the party seeking attorney's fees and costs lacks sufficient access to assets or income to pay reasonable amounts. In determining an award, the court shall consider whether adequate participation in the litigation requires expenditure of more fees and costs for a party that is not in control of assets or relevant information. Except for good cause shown, an interim award shall not be less than payments made or reasonably expected to be made to the counsel for the other party. If the court finds that both parties lack financial ability or access to assets or income for reasonable attorney's fees and costs, the court (or hearing officer) shall enter an order that allocates available funds for each party's counsel, including retainers or interim payments, or both, previously paid, in a manner that achieves substantial parity between the parties.
        (4) The changes to this Section 501 made by this
    
amendatory Act of 1996 apply to cases pending on or after June 1, 1997, except as otherwise provided in Section 508.
    (c-2) Allocation of use of marital residence. Where there is on file a verified complaint or verified petition seeking temporary eviction from the marital residence, the court may, during the pendency of the proceeding, only in cases where the physical or mental well-being of either spouse or his or her children is jeopardized by occupancy of the marital residence by both spouses, and only upon due notice and full hearing, unless waived by the court on good cause shown, enter orders granting the exclusive possession of the marital residence to either spouse, by eviction from, or restoration of, the marital residence, until the final determination of the cause pursuant to the factors listed in Section 602.7 of this Act. No such order shall in any manner affect any estate in homestead property of either party. In entering orders under this subsection (c-2), the court shall balance hardships to the parties.
    (d) A temporary order entered under this Section:
        (1) does not prejudice the rights of the parties or
    
the child which are to be adjudicated at subsequent hearings in the proceeding;
        (2) may be revoked or modified before final judgment,
    
on a showing by affidavit and upon hearing; and
        (3) terminates when the final judgment is entered or
    
when the petition for dissolution of marriage or legal separation or declaration of invalidity of marriage is dismissed.
    (e) The fees or costs of mediation shall be borne by the parties and may be assessed by the court as it deems equitable without prejudice and are subject to reallocation at the conclusion of the case.
    (f) Companion animals. Either party may petition or move for the temporary allocation of sole or joint possession of and responsibility for a companion animal jointly owned by the parties. In issuing an order under this subsection, the court shall take into consideration the well-being of the companion animal. As used in this Section, "companion animal" does not include a service animal as defined in Section 2.01c of the Humane Care for Animals Act.
(Source: P.A. 102-480, eff. 1-1-22.)

    
Notes of Decisions
Cited in 166 cases (39 in the last 5 years), 1993–2026 · leading case: In Re Marriage of Rosenbaum-Golden, 884 N.E.2d 1272 (Ill. App. Ct. 2008).
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In Re Marriage of Rosenbaum-Golden, 884 N.E.2d 1272 (Ill. App. Ct. 2008). · cites it 14× “During the pendency of the proceedings, the trial court awarded petitioner $150,000 in interim attorney fees pursuant to section 501(c — 1) of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/501(c — 1) (West 2004)). Respondent refused to pay the interim award…”
In Re Marriage of Beyer & Parkis, 753 N.E.2d 1032 (Ill. App. Ct. 2001). · cites it 7× “The circuit court granted respondent’s petition for fees, pursuant to section 501(c — 1) of the Illinois Marriage and Dissolution of Marriage Act (Dissolution Act) (750 ILCS 5/501(c — 1) (West 1998)), in the course of an action brought by respondent to vacate a judgment for…”
In Re Marriage of Johnson, 812 N.E.2d 661 (Ill. App. Ct. 2004). · cites it 13× “The issues raised by Leving on appeal are: (1) Does this court have jurisdiction to hear this matter, given that an interim order is not a final order? (2) Does section 501(c — 1)(3) of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/501(c — 1)(3) (West 2002))…”
In re Marriage of Goesel, 2017 IL 122046 (Ill. 2017). · cites it 6× “*232 ¶ 1 At issue is whether fees that have already been earned by an attorney in a dissolution of marriage proceeding are considered "available funds," such that they may be disgorged under section 501(c-1)(3) of the Illinois Marriage and Dissolution of Marriage Act (Act) ( 750…”
Fisher v. Waldrop, 849 N.E.2d 334 (Ill. 2006). · cites it 6× “” 750 ILCS 5/501 (a)(2)(ii) (West 2004). This section reads nothing like section 13.”
In re Marriage of Levinson, 2013 IL App (1st) 121696 (Ill. App. Ct. 2013). · cites it 10× “*** (5) The award above is entered per 750 ILCS 5/501(c-1) over Robert’s counsel’s objection and demand for evidentiary hearing.”
Kaufman, Litwin & Feinstein v. Edgar, 704 N.E.2d 756 (Ill. App. Ct. 1998). · cites it 7× “750 ILCS 5/501, 503, 508 (West 1996). The trial court granted summary judgment in favor of defendants, Governor Jim Edgar and Attorney General of Illinois James E.”
In re Marriage of Nash, 2012 IL App (1st) 113724 (Ill. App. Ct. 2012). · cites it 6× “Christine Svenson, and to the child representative, Patricia Lynn Wypych, pursuant to section 501(c-1)(3) of the Illinois Marriage and Dissolution of Marriage Act (the Act) (750 ILCS 5/501(c-1)(3) (West 2010)). In the same order, the trial court stated that if respondent did not…”
In re Marriage of Radzik, 2011 IL App (2d) 100374 (Ill. App. Ct. 2011). · cites it 5× “On November 6, 2009, the trial court granted petitioner’s petition pursuant to section 501(c-1) of the Illinois Marriage and Dissolution of Marriage Act (Act or Dissolution Act) (750 ILCS 5/501(c-1) (West 2008)) for interim attorney fees.”
In Re Marriage of Holthaus, 899 N.E.2d 355 (Ill. App. Ct. 2008). · cites it 3× “Attorney Fees Angeline’s final argument on appeal is that the trial court erred in failing to treat the parties’ attorney fees as advances on their respective shares of the marital estate, under section 501(c — 1)(2) of the Act (750 ILCS 5/501(c — 1)(2) (West 2006)). Nicholas…”
In re Marriage of Osseck, 2021 IL App (2d) 200268 (Ill. App. Ct. 2021). · cites it 3× “8, 2016) finding, the pre-decree, temporary maintenance award was not appealable, because it did not dispose of all pending claims, such as in a final judgment of dissolution and property award); 750 ILCS 5/501 (West 2018). ¶ 43 Section 501(a) of the Act sets forth the procedure…”
In Re Marriage of King, 802 N.E.2d 1216 (Ill. 2003). · cites it 3× “However, section 508 relates to three distinct types of fee issues: (1) interim attorney fees and costs under section 501(c-1) (750 ILCS 5/501(c-1) (West 2000)); (2) contribution of parties to attorney fees and costs under section 503(j) (750 ILCS 5/503(j) (West 2000)); and (3)…”
Show all 166 citing cases →
— 750 ILCS 5/501(a) — 8 cases
In re Marriage of Osseck, 2021 IL App (2d) 200268 (Ill. App. Ct. 2021). “8, 2016) finding, the pre-decree, temporary maintenance award was not appealable, because it did not dispose of all pending claims, such as in a final judgment of dissolution and property award); 750 ILCS 5/501 (West 2018). ¶ 43 Section 501(a) of the Act sets forth the procedure…”
In Re Marriage of Ignatius, 788 N.E.2d 794 (Ill. App. Ct. 2003).
In Re Marriage of Winter, 899 N.E.2d 1080 (Ill. App. Ct. 2008).
In re Marriage of Engst, 2014 IL App (4th) 131078 (Ill. App. Ct. 2014).
Lamberis v. Barnwell, 765 N.E.2d 82 (Ill. App. Ct. 2002).
— 750 ILCS 5/501(a)(1) — 9 cases
In Re Marriage of Fink, 656 N.E.2d 1131 (Ill. App. Ct. 1995).
In re Marriage of Tarbouche, 2023 IL App (1st) 211145-U (Ill. App. Ct. 2023).
In re Marriage of Yearman, 2023 IL App (3d) 220126-U (Ill. App. Ct. 2023).
In re Marriage of Mechling, 2020 IL App (4th) 190749-U (Ill. App. Ct. 2020).
In re Marriage of Serdar, 2020 IL App (3d) 180754-U (Ill. App. Ct. 2020).
— 750 ILCS 5/501(a)(2) — 6 cases
In Re Marriage of Centioli, 781 N.E.2d 611 (Ill. App. Ct. 2002).
Sanchez v. Torres, 2016 IL App (1st) 151189 (Ill. App. Ct. 2016).
In re The Marriage of Eckersall, 2014 IL App (1st) 132223 (Ill. App. Ct. 2014).
In re Marriage of Eckersall, 2014 IL App (1st) 132223 (Ill. App. Ct. 2014).
In re: Marriage of Centioli (Ill. App. Ct. 2002).
— 750 ILCS 5/501(a)(2)(i) — 8 cases
In re Marriage of Goesel, 2017 IL 122046 (Ill. 2017). “*232 ¶ 1 At issue is whether fees that have already been earned by an attorney in a dissolution of marriage proceeding are considered "available funds," such that they may be disgorged under section 501(c-1)(3) of the Illinois Marriage and Dissolution of Marriage Act (Act) ( 750…”
In Re Marriage of Schmitt, 747 N.E.2d 524 (Ill. App. Ct. 2001).
In Re Marriage of Hartney, 825 N.E.2d 759 (Ill. App. Ct. 2005).
Seleman v. Manassa, 479 F. Supp. 2d 805 (N.D. Ill. 2007).
In Re Marriage of Kosmond, 830 N.E.2d 596 (Ill. App. Ct. 2005).
— 750 ILCS 5/501(a)(2)(ii) — 3 cases
Fisher v. Waldrop, 849 N.E.2d 334 (Ill. 2006). “” 750 ILCS 5/501 (a)(2)(ii) (West 2004). This section reads nothing like section 13.”
In Re Parentage of Rbp, 915 N.E.2d 434 (Ill. App. Ct. 2009).
Fisher v. Waldrop (Ill. 2006).
— 750 ILCS 5/501(a)(3) — 6 cases
In Re Marriage of Flannery, 768 N.E.2d 34 (Ill. App. Ct. 2002).
In re Marriage of Oehm, 625 N.E.2d 34 (Ill. App. Ct. 1993).
In re Marriage of Engst, 2014 IL App (4th) 131078 (Ill. App. Ct. 2014).
In re Marriage of Tarbouche, 2023 IL App (1st) 211145-U (Ill. App. Ct. 2023).
In re Marriage of Gabrys, 2023 IL App (1st) 221763 (Ill. App. Ct. 2023).
— 750 ILCS 5/501(a)(l) — 1 case
In Re Marriage of Best, 859 N.E.2d 173 (Ill. App. Ct. 2006).
— 750 ILCS 5/501(b) — 1 case
Taylor v. Taylor, 2025 IL App (1st) 242436-U (Ill. App. Ct. 2025).
— 750 ILCS 5/501(c)(1) — 1 case
In re Marriage of Lundahl (Ill. App. Ct. 2009).
— 750 ILCS 5/501(c)(3) — 1 case
McCleary v. Bd. of Fire & Police Commissioners, 622 N.E.2d 1257 (Ill. App. Ct. 1993).
— 750 ILCS 5/501(c)(l) — 1 case
In Re Marriage of Lundahl, 919 N.E.2d 480 (Ill. App. Ct. 2009).
— 750 ILCS 5/501(c1)(3) — 1 case
In re Marriage of Patel, 2013 IL App (1st) 122882 (Ill. App. Ct. 2013).
— 750 ILCS 5/501(d) — 6 cases
In Re Marriage of King, 802 N.E.2d 1216 (Ill. 2003). “However, section 508 relates to three distinct types of fee issues: (1) interim attorney fees and costs under section 501(c-1) (750 ILCS 5/501(c-1) (West 2000)); (2) contribution of parties to attorney fees and costs under section 503(j) (750 ILCS 5/503(j) (West 2000)); and (3)…”
In Re Marriage of Ignatius, 788 N.E.2d 794 (Ill. App. Ct. 2003).
In Re Marriage of Johnson, 812 N.E.2d 661 (Ill. App. Ct. 2004). “The issues raised by Leving on appeal are: (1) Does this court have jurisdiction to hear this matter, given that an interim order is not a final order? (2) Does section 501(c — 1)(3) of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/501(c — 1)(3) (West 2002))…”
In re Marriage of Arjmand, 2017 IL App (2d) 160631 (Ill. App. Ct. 2017).
In re Marriage of Yearman, 2023 IL App (3d) 220126-U (Ill. App. Ct. 2023).
— 750 ILCS 5/501(d)(1) — 5 cases
In re Marriage of Hochstatter, 2020 IL App (3d) 190132 (Ill. App. Ct. 2020).
In Re Marriage of Hefer, 667 N.E.2d 1094 (Ill. App. Ct. 1996).
In Re Marriage of Marriott, 636 N.E.2d 1141 (Ill. App. Ct. 1994).
In re Marriage of Tarbouche, 2023 IL App (1st) 211145-U (Ill. App. Ct. 2023).
In re Marriage of Gabrys, 2023 IL App (1st) 221763 (Ill. App. Ct. 2023).
— 750 ILCS 5/501(d)(2) — 4 cases
In re Marriage of Patel, 2013 IL App (1st) 122882 (Ill. App. Ct. 2013).
In re Marriage of Patel, 2013 IL App (1st) 122882 (Ill. App. Ct. 2013).
In Re Marriage of Radzik & Agrella, 955 N.E.2d 591 (Ill. App. Ct. 2011).
In re Marriage of Harper, 2026 IL App (1st) 241781-U (Ill. App. Ct. 2026).
— 750 ILCS 5/501(d)(3) — 10 cases
In Re Marriage of Ignatius, 788 N.E.2d 794 (Ill. App. Ct. 2003).
In Re Marriage of Johnson, 812 N.E.2d 661 (Ill. App. Ct. 2004). “The issues raised by Leving on appeal are: (1) Does this court have jurisdiction to hear this matter, given that an interim order is not a final order? (2) Does section 501(c — 1)(3) of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/501(c — 1)(3) (West 2002))…”
New York Life Ins. v. Sogol, 724 N.E.2d 105 (Ill. App. Ct. 1999).
In re Marriage of Earlywine, 2013 IL 114779 (Ill. 2013).
In re Marriage of Earlywine, 2013 IL 114779 (Ill. 2013).
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