During a marriage it is common for one spouse to have complete control over the finances. If there is then a divorce, it is not unusual for the spouse in control of the finances to “cut off” the other spouse from access to marital funds. This may be a tactic by the spouse in control to manipulate the other through the control of the money. This is fundamentally unfair.
To address this, the spouse who lacks access to money must file a Motion for Temporary Support. Essentially, the spouse is asking the court to order the other spouse to give him/her money while the divorce is pending. Under this scenario judges should be quick to grant the motion. Each spouse needs money and it is unfair for one spouse to keep it all. This is especially true because money earned during marriage is generally considered marital, that is it belongs to both spouses.
In determining how much to money give the spouse who files the motion, judges like to look at what the spending habits were like prior to the divorce proceedings. This is referred to as the “status quo.” Judges want to make sure all expenses continue to get paid and there is no drop off in the standard of living people had before the divorce started.
The Botti Law Firm, P.C. has been practicing family law for nearly 50 years in DuPage and Cook County. Please contact one of our attorneys at (630)573-8585 if you have any questions or would like to schedule a free consultation.
