Can I Make My Spouse Pay My Attorney Fees?

Illinois law provides two ways to request fee contribution: Section 501 (interim fees) and Section 508 (final contribution). Here's how they work.

Short Answer: Yes, Illinois courts can order your spouse to pay some or all of your attorney fees—but it's not automatic. You must demonstrate a financial disparity and file the proper petition.

Two Ways to Get Attorney Fees in Illinois Divorce

Illinois provides two statutory mechanisms for attorney fee contribution, each serving a different purpose:

Section 501: Interim Fees

When: During the divorce (before final judgment)

Purpose: Level the playing field so both parties can afford representation

Standard: Inability to pay vs. ability to contribute

Key: Must show you need funds NOW to litigate effectively

Section 508: Final Contribution

When: At or after final judgment

Purpose: Equitable sharing of litigation costs

Standard: Financial circumstances + conduct during litigation

Key: Bad faith litigation tactics strengthen your case

Section 501: Interim Attorney Fees

Under 750 ILCS 5/501(c-1), courts may order interim fees when one spouse lacks sufficient resources to pay for adequate representation. The statute creates a rebuttable presumption of entitlement when there's a significant income disparity.

Requirements for Interim Fees

  • Financial disparity between the spouses
  • Inability to pay for adequate representation from your own resources
  • Spouse's ability to contribute without undue hardship
  • Reasonable fees (courts scrutinize the amount requested)

How to Request Interim Fees

  1. File a Petition – Your attorney files a motion for interim attorney fees under Section 501
  2. Submit Financial Affidavit – Provide sworn disclosure of your income, expenses, assets, and debts
  3. Document Spouse's Resources – Show your spouse's ability to contribute
  4. Itemize Legal Fees – Provide detailed billing showing work performed
  5. Attend Hearing – Present evidence of financial disparity and need
Strategic Tip: File your Section 501 petition early in the case. Waiting until you've already exhausted resources weakens your position and may leave your attorney unpaid.

Section 508: Contribution to Fees at Case End

Section 508 (750 ILCS 5/508) allows the court to order fee contribution as part of the final judgment. Unlike Section 501, this considers conduct during litigation.

Factors Courts Consider

  • Each party's financial resources after property division
  • Income-earning ability of each spouse
  • Conduct during litigation – Did one party drive up costs unnecessarily?
  • Bad faith tactics – Hiding assets, frivolous motions, discovery abuse
  • Complexity of the case – High-asset cases naturally cost more
  • Reasonableness of fees – Were the fees proportionate to the issues?
Warning: If you engage in bad faith litigation tactics (hiding assets, refusing discovery, frivolous motions), the court may order YOU to pay your spouse's fees—even if you earn less.

When Fee Awards Are Most Likely

Courts are most likely to order fee contribution when:

  • Significant income disparity – One spouse earns substantially more than the other
  • Stay-at-home parent – Spouse sacrificed career for family
  • Control of marital assets – One spouse controls access to funds
  • Bad faith conduct – Spouse hides assets, lies, or engages in discovery abuse
  • Unnecessary litigation – Spouse rejects reasonable settlement offers
  • Complex financial issues – Business valuations, hidden income, forensic accounting needs

When Fee Awards Are Unlikely

  • Similar incomes – Both spouses can afford representation
  • Both parties behaved reasonably – No bad faith to penalize
  • Your fees are unreasonable – Courts won't rubber-stamp excessive billing
  • You caused the increased costs – Your own conduct drove up fees

Frequently Asked Questions

Yes. Illinois law allows fee contribution under Section 501 (interim) and Section 508 (final). The key factor is financial disparity between spouses. You must file a petition and demonstrate need.

Section 501 interim fees are awarded during the case to ensure both parties can afford adequate representation. You must show inability to pay and your spouse's ability to contribute.

Section 508 allows fee contribution at case end. Courts consider financial circumstances and litigation conduct. Bad faith tactics by your spouse strengthen your petition.

Possibly. Courts may award fees when one spouse hides assets, refuses discovery, files frivolous motions, or unnecessarily prolongs the case. Document every instance of misconduct.

It varies. Courts may order full or partial contribution depending on the circumstances. Factors include the disparity in resources, reasonableness of fees, and conduct of both parties.

Need Help Affording Your Divorce?

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This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this content.

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