There are many different reasons why a person might be forced to pay the other party’s attorney’s fees and costs during a domestic relations proceeding.
Reasons for Paying the Other Party’s Attorney Fees During Divorce
1. Access to the Marital Estate
Pre-Decree Divorce: If the divorce is pre-decree and one party has greater access to the marital estate, they might be required to pay the other party’s attorney fees and costs. This payment is considered an advancement from the marital estate and is subject to later distribution.
2. Ability to Pay
Respective Financial Positions: Fees can be awarded based on each party’s ability to pay. If one party has significantly more assets and income, they may be required to contribute to the other party’s attorney fees.
3. Non-Compliance with Court Orders
Violation of Orders: If a party fails to comply with a court order and is taken to court, the violator may have to pay the other party’s attorney fees. These fees are mandatory if the non-compliance is willful and without compelling cause or justification.
4. Sanctions for Increasing Litigation Costs
Illinois Supreme Court Rules: Attorney fees can be awarded based on Illinois Supreme Court Rules for needlessly increasing the cost of litigation. However, this is rare and usually requires bad faith actions, such as failing to show up to court or not following proper rules and procedures. Non-compliance with discovery requests can also lead to sanctions, including the payment of attorney fees and costs to the other party.
Conclusion
While there are various reasons one might be required to pay another party’s attorney fees, it depends on the circumstances. It is more common to receive attorney fees and costs based on an inability to pay or a contempt issue rather than simply because one party chooses to litigate instead of settling.
