Divorce can be a financially challenging process, especially when one spouse is left bearing most of the legal costs. In Illinois, the court has the authority to order one spouse to pay the other’s attorney fees in specific situations. These court-ordered fees aim to ensure fairness and provide financial relief when one spouse has a significant financial advantage or has acted improperly during the divorce proceedings. Visit our Guide to Attorney Fees in Illinois Divorce Cases for an in-depth look at how attorney fees work in divorce cases
Why the Court Might Order Attorney Fees
In Illinois, a court may order one party to pay the other party’s attorney fees to maintain fairness in the divorce process. This can happen in two ways:
- during the case as a temporary “interim” fee petition award, or
- after the case is resolved through a “contribution” fee petition.
This often occurs when one spouse has significantly more financial resources, or their actions have unnecessarily increased legal costs. The court’s goal is to ensure both parties have access to the legal representation they need, regardless of financial disparities.
Illinois courts are particularly concerned about imbalances in the litigating power of the parties. They will consider various factors before deciding whether one party should be required to pay the other party’s legal fees.
1. Significant Financial Disparity
A significant financial disparity exists when, for example, one spouse works as a W-2 employee earning over $100,000 per year, while the other earns minimum wage or close to it. Although this is a classic example, there are other less common forms of financial disparity. For instance, if one party controls a bank account with significant marital funds and the other has no access, the court is more likely to find a financial imbalance. When one spouse controls most marital financial resources, the other may struggle to afford quality legal representation. In such cases, the court may order the wealthier spouse to contribute to the divorce attorney fees, ensuring both parties can participate in the divorce proceedings on a more equal footing. To learn more about managing these costs during divorce, check out our article ‘How to Manage and Reduce Attorney Fees in Illinois Divorce Cases’.
2. Improper Conduct
During a court case, both parties and their lawyers have specific responsibilities. Typically, your attorney or the court will inform you of these responsibilities through a court order, which may require you to take certain actions or refrain from doing something.
If you violate a court order, the court can require you to cover the other party’s fees, either to correct your mistake or prevent further harm. The same applies if you cause unnecessary delays or complications during the case. Courts commonly award fees in these situations, regardless of your ability to pay.
Section 508(b) of the Illinois Marriage and Dissolution of Marriage Act allows the court to award attorney fees to a spouse affected by the other party’s violation of court orders or discovery rules if the violations are without “compelling cause or justification.” These violations may include failing to comply with financial disclosures, discovery orders, preservation of assets, or any other legal obligations imposed by the court.
Additionally, courts may impose sanction fees as penalties for improper conduct during the divorce process. Unlike compensatory fees, sanctions are meant to punish actions such as filing frivolous motions or deliberately delaying the proceedings. Sanction fees aim to deter bad-faith arguments and improper behavior.
A Reason to Be Good
Bad conduct during your case can lead to court orders against you, especially if you avoid your responsibilities. This is a strong reason to comply with court orders and rules. If you fail to meet your obligations, the court may sanction you or require you to cover your opposing party’s legal expenses.
What’s Next? Protect Your Rights and Secure Fair Representation
Understanding court-ordered attorney fees is key to navigating your divorce with confidence. Whether you’re facing a spouse acting in bad faith or simply seeking a fair financial outcome, it’s crucial to know your rights. Contact Anderson Boback & Marshall for a confidential consultation and potential representation. Our experienced Chicago-based divorce attorneys are ready to help you protect your interests and secure fair representation throughout the divorce process.
Court-Ordered Attorney Fees FAQs
What are court-ordered attorney fees in Illinois?
Court-ordered attorney fees are legal fees that one spouse may be required to pay for the other during a divorce. These fees are ordered by the court to ensure fairness when there is a significant financial disparity between spouses, or when one spouse has violated court orders or caused unnecessary delays. This includes fees under Section 508(b) of the Illinois Marriage and Dissolution of Marriage Act, which allows the court to award fees when violations occur without justification.
What are sanction fees in Illinois family law?
Sanction fees are penalties the court imposes in family law cases, including divorce, when one party engages in misconduct. Examples include:
- violating court orders
- intentionally delaying the case
- filing frivolous motions
- failing to comply with discovery orders
These fees are designed to punish improper behavior and deter future violations. Unlike attorney fees meant to ensure financial fairness, sanction fees specifically address bad-faith actions.
