Who Pays the Attorney Fees in My Divorce?

 Posted on March 11, 2026 in Family Law

Many people who go through a divorce worry about paying for their lawyer. Attorney fees in a divorce case can add up quickly, especially when things get dragged out. If you are going through a divorce in 2026 and are unsure how you’ll be able to pay, or if you can pay at all, a Wheaton, IL divorce attorney can help you understand your options.

How Are Attorney Fees Structured in Illinois Divorce Cases?

A baseline understanding of how attorneys charge can be helpful in knowing what kinds of fees you will incur. Most divorce attorneys in Illinois use one of the following fee structures:

• Hourly billing: You pay for the time your attorney spends on your case. Rates vary based on the lawyer's experience and the complexity of your case.
• Retainer fees: This is a large up-front payment that the attorney draws from as they work on your case.
• Flat fees: Some attorneys offer a set price for straightforward, uncontested divorces. This is less common in complex cases.

The more contested your divorce is, the more hours your attorney will likely need to spend on it. Cases involving disputes over property, parenting time, or parental responsibilities tend to cost more than those where both spouses agree on most issues.

Who Is Responsible for Attorney Fees in an Illinois Divorce?

In most Illinois divorces, each spouse pays their own attorney fees. However, Illinois law does allow a court to order one spouse to help cover the other's legal costs in some situations under 750 ILCS 5/508. To decide this, the court looks at a few key things:

• The financial resources of each spouse
• The ability of each spouse to pay for legal representation on their own
• The reasonableness of the fees being requested

The goal of this law is to make sure both spouses can have proper legal representation, even if there is a big difference in what they can pay.

What Is Fee Shifting, and When Will a Judge Order It?

"Fee shifting" is the legal term for when one spouse is ordered to pay the other's attorney fees. A well-known case of fee shifting in Illinois is In re Marriage of Earlywine, which was decided in 2013. Neither Earlywine spouse had funds to hire a divorce attorney, but the husband's family loaned him enough to do so.

The court held that funds loaned to one spouse for legal fees can be considered as an available resource when determining who pays for what, just as a salary would be. This was held despite the fact that a significant portion of the money had already been paid to Mr. Earlywine's attorney.

Fee shifting is usually requested by the party that needs their legal fees paid, and judges will look at the following before ordering it:

Income and Asset Differences

If one spouse earns significantly more than the other or has more control over the marriage’s finances, the court may decide it is fair for that spouse to contribute to the other's legal costs. This is especially common when one spouse stayed home to raise children and has limited assets of their own.

Bad Faith or Unnecessary Litigation

Courts can also award attorney fees as a way of discouraging bad behavior. If one spouse drags out the case without good reason, refuses to cooperate, or hides assets, the judge may order that spouse to pay a portion of the other's legal costs as a consequence.

Interim Fee Awards

You do not always have to wait until the end of a divorce to get help with attorney fees. A court can issue what is called an "interim fee" award during the case. This means one spouse may receive money to pay their lawyer while the divorce is still ongoing. This makes it so they are not left without legal help simply because they can’t afford it upfront.

Are There Ways to Reduce Attorney Fees in a Divorce?

There are several things that can help keep legal costs down without sacrificing quality representation:

Mediation, Collaboration, or Uncontested Divorce

Mediation is a process where a neutral third party helps both spouses reach an agreement outside of court, which can significantly reduce the time your attorney spends on your case.

If you and your spouse are on relatively good terms and agree on key issues, an uncontested divorce or a collaborative divorce process may save both of you significant money. Your attorney can explain which process fits your situation.

Organization and Responsiveness

Your attorney will probably bill you by the hour. The more prepared you are when you meet, the less time they have to spend gathering basic information. Responding to requests quickly also keeps things moving.

Financing Options

Some law firms offer payment plans. There are also third-party legal financing companies that provide loans specifically for divorce-related legal costs, though interest rates may be high and not all attorneys accept them.

If you believe you qualify for a fee award from the court, discuss it with your attorney early so you can plan accordingly. Your attorney can help make sure you make the request on time and through the right channels.

Call a DuPage County Divorce Attorney Today

Attorney fees are a real concern for many people facing divorce. The lawyers at MKFM Law understand how stressful the finances of divorce can be. We are here to help you understand what your options are. Mirabella, Kincaid, Frederick & Mirabella, LLC serves family law clients at three offices in Kane County, DuPage County, and DeKalb County for accessibility. To schedule your initial Wheaton divorce lawyer meeting, call 630-665-7300 today.