(750 ILCS 5/501) (from Ch. 40, par. 501)
    Sec. 501. Temporary Relief.) In all proceedings under this Act, temporary relief shall be as follows:
    (a) Either party may move for:
        (1) temporary maintenance or temporary support of a
child of the marriage entitled to support, accompanied by an affidavit as to the factual basis for the relief requested;
        (2) a temporary restraining order or preliminary
injunction, accompanied by affidavit showing a factual basis for any of the following relief:
            (i) restraining any person from transferring,
encumbering, concealing or otherwise disposing of any property except in the usual course of business or for the necessities of life, and, if so restrained, requiring him to notify the moving party and his attorney of any proposed extraordinary expenditures made after the order is issued;
            (ii) enjoining a party from removing a child from
the jurisdiction of the court;
            (iii) enjoining a party from striking or
interfering with the personal liberty of the other party or of any child; or
            (iv) providing other injunctive relief proper in
the circumstances; or
        (3) other appropriate temporary relief.
    (b) The court may issue a temporary restraining order without requiring notice to the other party only if it finds, on the basis of the moving affidavit or other evidence, that irreparable injury will result to the moving party if no order is issued until the time for responding has elapsed.
    (c) A response hereunder may be filed within 21 days after service of notice of motion or at the time specified in the temporary restraining order.
    (c-1) As used in this subsection (c-1), "interim attorney's fees and costs" means attorney's fees and costs assessed from time to time while a case is pending, in favor of the petitioning party's current counsel, for reasonable fees and costs either already incurred or to be incurred, and "interim award" means an award of interim attorney's fees and costs. Interim awards shall be governed by the following:
        (1) Except for good cause shown, a proceeding for (or
relating to) interim attorney's fees and costs in a pre-judgment dissolution proceeding shall be nonevidentiary and summary in nature. All hearings for or relating to interim attorney's fees and costs under this subsection shall be scheduled expeditiously by the court. When a party files a petition for interim attorney's fees and costs supported by one or more affidavits that delineate relevant factors, the court (or a hearing officer) shall assess an interim award after affording the opposing party a reasonable opportunity to file a responsive pleading. A responsive pleading shall set out the amount of each retainer or other payment or payments, or both, previously paid to the responding party's counsel by or on behalf of the responding party. In assessing an interim award, the court shall consider all relevant factors, as presented, that appear reasonable and necessary, including to the extent applicable:
            (A) the income and property of each party,
including alleged marital property within the sole control of one party and alleged non-marital property within access to a party;
            (B) the needs of each party;
            (C) the realistic earning capacity of each party;
            (D) any impairment to present earning capacity of
either party, including age and physical and emotional health;
            (E) the standard of living established during the
            (F) the degree of complexity of the issues,
including custody, valuation or division (or both) of closely held businesses, and tax planning, as well as reasonable needs for expert investigations or expert witnesses, or both;
            (G) each party's access to relevant information;
            (H) the amount of the payment or payments made or
reasonably expected to be made to the attorney for the other party; and
            (I) any other factor that the court expressly
finds to be just and equitable.
        (2) Any assessment of an interim award (including one
pursuant to an agreed order) shall be without prejudice to any final allocation and without prejudice as to any claim or right of either party or any counsel of record at the time of the award. Any such claim or right may be presented by the appropriate party or counsel at a hearing on contribution under subsection (j) of Section 503 or a hearing on counsel's fees under subsection (c) of Section 508. Unless otherwise ordered by the court at the final hearing between the parties or in a hearing under subsection (j) of Section 503 or subsection (c) of Section 508, interim awards, as well as the aggregate of all other payments by each party to counsel and related payments to third parties, shall be deemed to have been advances from the parties' marital estate. Any portion of any interim award constituting an overpayment shall be remitted back to the appropriate party or parties, or, alternatively, to successor counsel, as the court determines and directs, after notice.
        (3) In any proceeding under this subsection (c-1),
the court (or hearing officer) shall assess an interim award against an opposing party in an amount necessary to enable the petitioning party to participate adequately in the litigation, upon findings that the party from whom attorney's fees and costs are sought has the financial ability to pay reasonable amounts and that the party seeking attorney's fees and costs lacks sufficient access to assets or income to pay reasonable amounts. In determining an award, the court shall consider whether adequate participation in the litigation requires expenditure of more fees and costs for a party that is not in control of assets or relevant information. Except for good cause shown, an interim award shall not be less than payments made or reasonably expected to be made to the counsel for the other party. If the court finds that both parties lack financial ability or access to assets or income for reasonable attorney's fees and costs, the court (or hearing officer) shall enter an order that allocates available funds for each party's counsel, including retainers or interim payments, or both, previously paid, in a manner that achieves substantial parity between the parties.
        (4) The changes to this Section 501 made by this
amendatory Act of 1996 apply to cases pending on or after June 1, 1997, except as otherwise provided in Section 508.
    (d) A temporary order entered under this Section:
        (1) does not prejudice the rights of the parties or
the child which are to be adjudicated at subsequent hearings in the proceeding;
        (2) may be revoked or modified before final judgment,
on a showing by affidavit and upon hearing; and
        (3) terminates when the final judgment is entered or
when the petition for dissolution of marriage or legal separation or declaration of invalidity of marriage is dismissed.
(Source: P.A. 96-583, eff. 1-1-10.)