What are temporary allowances under Illinois divorce law?

Under Illinois divorce law, temporary allowances are those payments that are requested for maintenance or child support and which begin before the divorce becomes final. Maintenance is what used to be called alimony or spousal support. Temporary orders can also be given for visitation.

• The intention of temporary allowances and orders is to provide support and guidelines to be followed which stay in effect from the time the Petition of Dissolution of Marriage is filed until the divorce is final.

Temporary allowances are often needed to bridge the gap that a is needed if the parent who will have custody of the children needs to find employment, or a better job and the other spouse can afford to provide the support. Temporary allowances may be less than permanent support, which is arrived at after review and analysis of the current financial situation of both spouses as well as projections of likely future earnings.

Be aware that temporary payments will likely have tax implications, and as such you should seek the advice of an attorney who is familiar with family law and tax laws. As an example, it may or may not be beneficial to you to file a separate income tax form during the time prior to your divorce when receiving temporary payments.

The divorce process can vary in Illinois by county, so it is important that you locate a reputable local attorney to represent you. Divorce is a very customized process, which can change depending on the length of your marriage, whether or not you own real estate together, whether or not there are any children, if the divorce is contested or uncontested and other items. A divorce attorney will be able to help you plan and protect yourself in ways that you may not even be thinking of now, but will be happy later that you had a professional on your side representing your interests.