Three Reasons to Freeze Assets During Divorce

 Posted on September 25, 2026 in Division of Property

Finances can become a major concern and a source of mistrust during a divorce. This is especially true if one spouse fears the other will try to hide investments or spend marital assets.

Illinois courts can restrict what happens to property during a divorce. If you are worried about your spouse's financial actions in 2026, an Arlington Heights, IL divorce attorney can explain how you may be able to protect your marital property.

Can Assets Be Frozen During an Illinois Divorce?

Under 750 ILCS 5/501 of the Illinois Marriage and Dissolution of Marriage Act, a spouse can ask for a temporary restraining order or preliminary injunction. The request must present evidence that supports the need for the order.

The court can then stop a spouse from moving certain assets. It can also stop a spouse from using property as security for a new debt.

However, the order does not have to stop all spending. Illinois law allows money to be used for necessary living expenses and the usual course of business.

What Are Three Reasons to Freeze Assets During an Illinois Divorce?

A court order can protect marital property while a divorce is pending. You might ask the court to restrict the use of certain assets if you are concerned that your spouse could:

• Spend large amounts of marital money because of harmful behavior such as gambling or substance abuse. Or incur other expenses that are not related to the marriage.
• Move money to another account or transfer it to someone else in an attempt to keep it out of the divorce.
• Sell valuable marital property before the court has decided how the couple's assets will be divided.

Not every unusual purchase or transfer means that your spouse is trying to hide or waste marital property. However, if you notice financial activity that concerns you, an attorney can review the records and explain whether you should ask the court to protect the assets.

What Does a Financial Restraining Order Prevent in Illinois?

A financial restraining order can limit what a spouse does with property while the divorce is pending. The court can also prevent a spouse from using property as security for new debt.

The order can apply to actions such as selling valuable property or moving money out of an account. It can also require a spouse to give notice before making an unusual or large expense. This gives the other spouse a chance to raise concerns before the money is spent.

The exact restrictions will depend on the order entered by the court. If a spouse violates the order, the other spouse can bring the violation to the court's attention and ask the judge to enforce it.

What Evidence Can Show That Assets in an Illinois Divorce Need Protection?

Evidence that shows a sudden change in how marital money or property is being handled can support a request to protect assets. The goal is to show the court why there is reason to believe property could be spent, hidden, transferred, or sold before the divorce is resolved.

Useful evidence can include:

• Bank statements showing large withdrawals or unusual spending
• Credit card statements showing purchases that are far outside the family's normal spending habits
• Records showing money being transferred to unfamiliar accounts or other people
• Messages or emails discussing plans to move or hide property
• Documents showing that valuable property has been listed for sale or that a spouse is trying to borrow against it
• Receipts from major spending related to gambling, substance abuse, or a new romantic relationship

The evidence does not have to show that an asset has already disappeared. Records showing that a spouse is taking steps to move or sell property can also be relevant because a restraining order can be used to prevent a transaction before it happens.

What if My Spouse Has Already Wasted Marital Money in Illinois?

If your spouse has already wasted marital money, you may still be able to address the loss during the divorce. Gather the evidence you need to help trace the missing funds.

The court can consider improper spending when it divides marital property. For example, if a spouse used marital funds for their own sole benefit and for a purpose unrelated to the marriage while the marriage was undergoing an irreconcilable breakdown, the court can consider that conduct as dissipation. This can then affect how the remaining marital property is divided.

Under 750 ILCS 5/503, a spouse who makes a dissipation claim must provide notice identifying the property involved and when the spending occurred. Notice generally must be given no later than 60 days before trial or 30 days after discovery closes, whichever is later. Illinois law also limits how far back a dissipation claim can reach.

Contact an Arlington Heights, IL Asset Division Lawyer

If you are concerned that marital property is at risk, an attorney can help you navigate the situation and protect your assets. The experienced attorneys at Cosley Law Office can review the financial activity and determine whether court action is appropriate.

Attorney Donald J. Cosley personally handles every part of your case. When you call with questions, you will not just be passed off to a paralegal. Contact our Rolling Meadows, IL asset division attorneys for a free consultation or call 847-253-3100 today.