Can I Get Attorney Fees Paid in Illinois

Illinois allows fee awards based on need

Under 750 ILCS 5/508, the Circuit Court may order one party to pay all or a portion of the other party's reasonable attorney fees and costs. This is not a punishment for bad behavior in most circumstances — it is a contribution standard based on the financial resources of both parties.

The court considers whether one spouse has significantly greater financial resources than the other. The purpose is to prevent a more financially powerful party from gaining a litigation advantage simply by being able to outspend the other side.

Interim fee awards (750 ILCS 5/501(c-1))

Under 750 ILCS 5/501(c-1), either party can request an interim fee award before the case is over. Interim fee awards are designed to ensure that a lower-income spouse can retain competent counsel and litigate on an equal footing, rather than waiting until a final judgment when it may be too late.

To obtain an interim fee award, the requesting party typically must show:

• Their current income and liquid assets are insufficient to fund their own defense without hardship
• The other party has greater financial resources or access to credit
• The anticipated scope and complexity of the litigation
• A reasonable estimate of attorney fees needed to litigate the matter properly

The contribution standard

When deciding a fee award, the court balances several factors:

1. Financial resources of both parties — income, assets, debts, and access to credit of each party.
2. Nature and complexity of the case — a simple uncontested dissolution requires less attorney time than a contested allocation proceeding with expert witnesses.
3. Conduct of the parties — whether one party's conduct unnecessarily prolonged the litigation through frivolous motions, failure to comply with discovery, or other unreasonable behavior.

A fee award is not automatic. You must request it, show need, and demonstrate the other party's ability to pay. Courts are more likely to award fees when the income disparity is significant and the litigation is contested.

Fee shifting for bad-faith conduct

Beyond the need-based contribution standard, Illinois provides fee-shifting remedies when the other party has engaged in bad-faith or frivolous conduct. Two key provisions:

• 750 ILCS 5/508(b) — if a party's pleading, motion, or other paper was brought for an improper purpose (harassment, delay, or increasing cost of litigation), the court may award fees and costs as a sanction.
• Illinois Supreme Court Rule 137 — requires that every pleading signed by an attorney or self-represented litigant is certified to be warranted by existing law and supported by factual investigation. Violations can result in sanctions including attorney fees.

Common triggers for fee-shifting: filing frivolous modification petitions, providing false financial affidavits, engaging in unreasonable discovery abuse, or repeatedly violating court orders.

How to request attorney fees

To request attorney fees in an Illinois family law case, follow these steps:

1. File a Motion for Attorney Fees (or, for a contribution order, a Petition for Rule to Show Cause may also be appropriate if the other party is in violation of an existing order).
2. Attach your attorney billing statements showing the actual fees incurred, the work performed, and the hourly rate. If you are self-represented, you cannot recover attorney fees for your own time, but you may still request fees for court costs.
3. Attach a financial disclosure showing your income, monthly expenses, assets, and debts. The court must see your financial need to make an award.
4. Attach documentation of the other party's financial resources — their income documentation, assets, and ability to pay. Use financial disclosures already in the record.