In re Marriage of Spencer, 2025 IL App (4th) 250712-U
Agreed Fee Provisions in MSAs Are Binding
Illinois appellate court affirmed that agreed attorney fee provisions in marital settlement agreements are binding contracts requiring no independent verification. Courts apply contractual principles, not evidentiary fee standards. Parties cannot challenge stipulated fees without proper post-judgment procedures and admissible evidence of misrepresentation.
Facts
Aaron Spencer and Jessica Diaz Lopez divorced with a marital settlement agreement requiring Spencer to pay $3,500 of Diaz Lopez's attorney fees. Spencer later challenged this provision, claiming her counsel actually represented her pro bono through a legal aid agency. The trial court incorporated the agreed fee provision into the judgment.
Issue
Whether the trial court abused its discretion by incorporating an agreed attorney fee provision without contemporaneous fee affidavits or time records.
Holding
The appellate court affirmed, holding that agreed orders incorporated into judgments are contractual and binding on parties. Since Spencer expressly agreed to the fee term in open court, evidentiary support requirements for fee awards were inapplicable.
Key Reasoning
- Agreed orders incorporated into judgments are contractual in nature and generally binding on parties who stipulated to them
- Evidentiary requirements for attorney fee awards do not apply when fees are contractually stipulated rather than court-imposed
- Post-judgment challenges require proper procedural compliance - mere filing with clerk is insufficient without securing hearing
- Speculative inferences about counsel's fee arrangements lack evidentiary support necessary to justify vacating agreed orders
Practical Impact
For Petitioners
Carefully consider fee obligations before agreeing to MSA terms, as they become binding contractual obligations difficult to challenge post-judgment
For Respondents
Document agreed fee provisions clearly in MSAs to create enforceable contractual obligations independent of traditional fee petition requirements
When This Applies
Applies to stipulated fee arrangements in MSAs, not to court-imposed fee awards which require evidentiary support and compliance with fee petition procedures
Statutes Cited
Citation Network
This Case Cites
- Draper & Kramer
- Rolseth
- People v. Newman
- Talandis
- Thomas
- First Capitol
Facing a Similar Legal Issue?
Appellate decisions shape family law strategy. Ensure your approach aligns with the latest precedents.
Schedule a Strategy SessionLegal Assistant
Ask specific questions about this case's holding.