Who Pays Attorney Fees in a Divorce in Illinois?

Article written by Illinois Attorney Kevin O’Flaherty

In this article, we answer the question “who pays attorney fees in a divorce in Illinois?”, including “what is a petition for interim attorney fees?”, “when do divorce courts grant petitions for interim attorney fees?”, “what if neither party to a divorce can afford to pay attorney fees?”, “can interim attorney fee awards be taken from the retainer paid to the other party’s attorney?” and “how do interim attorney fee awards impact asset division in divorce?”

The general rule in litigation is that each side bears its own attorney fees and court costs. However, in a divorce, courts have discretion to allocate attorney fees based on the resources of the parties.

What is a petition for interim attorney fees?

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Parties to a divorce can file petitions for interim attorney fees seeking to have their past and future attorney fees paid in part or in whole by the other party.

When do Illinois divorce courts grant petitions for interim attorney fees?

Illinois divorce courts will grant petitions for interim attorney fees in an amount reasonably necessary to allow the petitioner to participate adequately in the litigation if the petitioner lacks sufficient access to assets or income to pay such amounts and if the respondent has the financial ability to pay…