Can My Spouse Pay My Legal Fees in an Illinois Divorce?

 Posted on March 21, 2025 in Divorce

The emotional toll of a divorce can be overwhelming, and the financial strain of legal fees only adds to the stress. If your spouse controls most of the money, you may feel trapped if you cannot afford an attorney who can fight for a fair outcome. The good news is that in certain situations, state law allows one spouse to request that the other contribute to the legal fees of a divorce. A skilled Illinois divorce lawyer can help you understand your rights and make sure you have the legal support you need to navigate this challenging time.

When Can a Spouse Be Ordered to Pay Legal Fees?

Under Illinois law, a court can order one spouse to pay the other’s legal fees during divorce proceedings. This rule ensures that both spouses have fair access to legal representation, especially if one has significantly more financial resources than the other. When deciding this, the court considers several factors, including:

• The financial situation of each spouse

• Whether one spouse has substantially more income or assets

• The complexity of the divorce case

• Any attempts to unnecessarily prolong litigation

If you have limited financial resources while your spouse has considerable assets and financial resources, the court may require him or her to contribute to your legal fees to level the playing field.

How Can I Get My Spouse to Pay My Legal Fees?

You must file a petition for interim attorney’s fees with the court, outlining why you need financial support and showing your spouse’s ability to pay. Your attorney will present evidence of your income, assets, expenses, and any disparities in financial power. The judge will review these factors and determine whether your spouse should contribute to your legal costs.

In some cases, if your spouse refuses to comply with a court order to pay, the court may enforce payment through wage garnishment or other legal means.

Does My Spouse Always Have to Pay My Legal Fees?

Just because you request legal fees does not mean the court will automatically grant them. If you and your spouse have relatively equal financial standing, the court is unlikely to order one to pay for the other. Additionally, if the court finds that a request for fees is being made in bad faith, whether it is to delay the process or punish the other spouse, it may deny the petition.

Can Legal Fees Be Awarded After the Divorce?

The court can order one spouse to pay the other’s legal fees even after the divorce is finalized. If financial circumstances change, or if one spouse acted unfairly during the divorce process, the court may require reimbursement for legal costs.

What If My Spouse Is Hiding Assets to Avoid Paying?

If you suspect your spouse is hiding income or assets to avoid paying legal fees or prevent a fair divorce settlement, your attorney can request financial discovery. This process requires your spouse to provide total financial disclosures. If he or she is found to be concealing assets, the court may impose penalties and adjust financial orders accordingly.

Contact a Kane County, IL Divorce Attorney

If you have concerns about affording legal representation during your divorce, a St. Charles, IL divorce lawyer can help you explore your options for requesting legal fee contributions. The attorneys at Goostree Law Group understand the financial challenges of divorce and will work to protect your rights. Call us at 630-584-4800 today for a free consultation.