February 2, 2020 Cynthia 1 Comments

In honor of Superbowl Sunday let’s talk about leveling the playing field in divorce.  One of the ways the NFL levels the playing field is with the salary cap.  The salary cap limits the amount of money a team can spend on salaries for players and no team is allowed to exceed the cap limit.  In family law matters the Court system also works to level the financial playing field to ensure that no party can use their financial position to disadvantage the other party and it can order your spouse to pay your attorney’s fees.

You Can Ask the Court to Order Your Spouse to Pay Some or All of Your Attorney’s Fees

In Illinois, either party may move for interim attorney’s fees and costs while a divorce case is pending.  This means that you can ask the Court to make your spouse pay a portion or all of your attorney’s fees during the divorce.

What The Court Looks At When Making the Decision To Make Your Spouse Pay Your Fees

The court will consider all the relevant factors presented by both parties to determine if in your divorce your spouse should pay your fees, including

  • The income and property of each party;
  • If one party has sole control of the income or property of the parties;
  • The needs of each party;
  • The complexity of the issues in the divorce;
  • Each party’s access to relevant information;
  • The amount of payment or payments expected to be made to the attorney for the other party;
  • Any impairment to the earning capacity of either party, including age, physical and emotional health
  • Any other factor the Court believes is relevant.

How You Ask the Court to Make Your Spouse Pay Your Fees

We work together to review your finances and put together documentation that shows the Court that you are unable to afford to pay all or a portion of your attorney’s fees and you believe your spouse has the financial ability to contribute to those fees.  Your spouse will have the ability to respond and provide his or her own documentation.  The Court will review the documentation, hear arguments by the attorneys and make a ruling.  

Hire the Right Attorney to Level the Playing Field For You

It is important that you hire a competent family law attorney who knows how to level the playing field and fight for you. Set up a free consultation with me at Integrate Legal to review your specific facts and circumstances.

The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Integrate Legal, PC or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

Leveling the Playing Field In Divorce: How To Make Your Spouse Pay Your Attorney’s Fees was last modified: February 2nd, 2020 by Cynthia

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