Can I Make a Big Purchase During an Illinois Divorce?
Like many legal questions, the honest answer is: it depends, and the details matter. Some states freeze both spouses' finances automatically the moment a divorce is filed. Illinois does not. But that does not mean a mid-divorce car, boat, or house purchase is safe. Illinois protects marital finances in three other ways, and a careless purchase can cost you at the negotiating table.
🔒 1. There Is No Automatic Freeze, Unless Someone Asks
Illinois has no automatic restraining orders in divorce. Instead, under 750 ILCS 5/501, either spouse can ask the court for a temporary restraining order or injunction barring unusual transfers, sales, or borrowing while the case is pending. If an order like that exists in your case, a big purchase without consent can put you in contempt. Read every order before you spend. (We cover this in detail in our post on automatic restraining orders in Illinois.)
💰 2. Dissipation: The Clawback Rule
Under 750 ILCS 5/503(d)(2), money spent for a purpose unrelated to the marriage while the marriage is breaking down is dissipation, and the court can charge it back against your share of the property division. A luxury purchase that benefits only you, made with marital funds after the breakdown, is a textbook dissipation target. You could keep the car and lose its value twice.
🏠 3. The New Asset Is Probably Marital Anyway
Here is the part that surprises people: in Illinois, property acquired up until the judgment of dissolution is generally presumed marital under 750 ILCS 5/503, no matter whose name is on it and no matter that you are separated. That new truck bought mid-case usually lands right back in the pot to be divided, and it complicates valuation along the way.
✅ The Safest Practice
If a major purchase can wait until after the judgment, wait. If it genuinely cannot:
- Disclose it in writing to your spouse and your attorney before you buy
- Get written agreement from your spouse or an order from the court
- Document the source of funds, especially if you believe they are non-marital
- Keep it proportionate. A reliable used car for work reads differently than a sports car.
The Bottom Line
You will not find an automatic rule that says no. What you will find is a judge who sees every dollar. Before making any significant purchase during your divorce or separation, spend ten minutes with your attorney first. It is the cheapest insurance you can buy. Call Inspired Law Group at (815) 838-5297.
