Do I Qualify for Alimony Pendente Lite in Illinois?

 Posted on May 14, 2026 in Spousal Support

The divorce process can be extremely stressful for spouses who have had little or no income during the years of their marriage. Many spouses who have been out of the workforce don’t have their own savings account to draw from for things like legal representation, housing, or childcare.

Courts have measures to offset this. The primary one is temporary spousal support specifically for the duration of the divorce proceedings. If you're in the middle of a divorce in 2026 and struggling to cover your expenses, a Wheaton, IL divorce lawyer can help you understand whether you can get this kind of support.

What Is Alimony Pendente Lite in Illinois?

"Alimony pendente lite" is a Latin phrase that means "alimony pending litigation." It's a temporary financial support paid by one spouse to the other while a divorce case is still ongoing. It's not the same as long-term maintenance, which a court may or may not award once the divorce is finalized. Pendente lite support exists to help the lower-earning spouse stay financially stable during the divorce itself.

Illinois law 750 ILCS 5/501 allows either spouse to ask the court for temporary relief while a dissolution case is pending. That can include temporary maintenance, attorney's fees, and other financial support needed to maintain the status quo during divorce.

Who Qualifies for Temporary Maintenance in Illinois?

Pendente lite support is not an automatic right in Illinois divorces. Courts look at the specific circumstances of each case to decide whether an award is appropriate and how much it should be.

Factors that tend to support a pendente lite award include:

• A significant income gap between the two spouses

• One spouse who left the workforce or reduced their working hours during the marriage to manage the household or care for children

• One spouse who doesn't have independent access to funds for basic expenses or legal fees

• A long marriage where financial dependence developed over time

• One spouse controls assets or accounts so the other can’t easily access them

The goal is to keep the lower-earning spouse on their feet financially, not to punish the higher-earning spouse. Courts also consider whether the requesting spouse can meet their own needs without support, and whether the paying spouse actually has the means to contribute.

How Do You Request Pendente Lite Support During an Illinois Divorce?

Temporary maintenance is requested through a motion filed with the court. Your attorney prepares and files the motion. Then both spouses typically have to submit financial affidavits laying out their income, expenses, assets, and debts. The court then schedules a hearing, and both sides have a chance to present their case.

What to Gather Before Filing for Temporary Maintenance

Being prepared with documentation can strengthen your request significantly. Helpful documents may be:

• Recent pay stubs and tax returns for both spouses

• Monthly expense statements showing what it costs to maintain your household

• Bank and credit card statements

• Documentation of any joint accounts or assets you've been cut off from

• Records of any children's expenses, including school, medical, and childcare costs

Courts tend to move faster on temporary support motions compared to other parts of a divorce case. The whole point is to address an immediate financial need. Having organized documentation from the start helps move things along.

Remember that pendente lite orders don't set the terms for your final divorce settlement. They're temporary and won’t necessarily factor into whether you get maintenance or how much. The final maintenance award is calculated separately based on Illinois's maintenance guidelines.

Call a Wheaton, IL Spousal Support Lawyer Today

If you're worried about getting through your divorce financially, you have options. Roberts PC can help you through the process of requesting temporary maintenance and getting through the rest of your divorce. Every client has direct access to Attorney Robert’s cell phone number and email, because availability matters, and the firm works hard to resolve cases through settlement to protect clients from unnecessary costs.

However, if your case needs to go to trial, we’ll take it there. We also have experience handling larger, more complex cases for business owners, professionals, doctors, lawyers, and judges. Call our Wayne, IL family law attorney at 630-668-4211 today to schedule your free consultation.