Divorcing spouses must share the cost of attorney fees - even fees already paid
In a ruling that emphasizes the importance of a "level playing field" in dissolution of marriage proceedings, the Illinois Supreme Court held that a wife could disgorge earned fees from her husband's divorce lawyer in order to pay her own legal expenses.
Both spouses had virtually no access to money, but the husband's family loaned him $8,750 to pay legal fees related to the divorce. He paid the money to his lawyer as an advanced payment retainer that, pursuant to the prior supreme court decision in Dowling v. Chicago Options Associates, Inc., 226 Ill. 2d 277 (2007), was earned by the lawyer upon receipt.
In the case of In re Marriage of Earlywine, 2013 IL 114779, a unanimous supreme court ruled that the public policy behind the "leveling of the playing field" provisions of the Illinois Marriage and Dissolution of Marriage Act require the husband's lawyer to give up about half of his earned fees despite the provisions stated in Dowling that allow for advanced payment retainers. Read more and find out what lawyers are saying about the decision in the November IBJ.
Member Comments (1)
The wife would not disgorge the fees paid to the husband's attorney. She might dislodge them, but it would be the husband's attorney who must disgorge whatever portion of his fee it takes to level the playing field.