In a recent case In re Squire, 2015 IL App (2d) 150271, Illinois Appellate Court expanded the reach of the Illinois Marriage and Dissolution of Marriage Act. This new decision ruled that a spouse’s attorney is required to disgorge legal fees that have already been paid in order to help cover the attorney fees of the other spouse.
According to Attorney Eric Frobish of Cortina, Mueller & Frobish, P.C., the decision is an illustration that “age-old adage that ‘hard facts make bad law.” He believes that according to the Squire case, the spouse with more money who was filing bankruptcy was actually in a better position to make attorney fee payments over time and did not need the help from his spouse who was unemployed but had financial help for legal costs. Even though the case correctly interpreted the law, Attorney Frobish says “it will invariably be used and cited to support all kinds of ridiculous positions and arguments in leveling hearings going forward.”
To view more of what Attorney Frobish had to say about this legal opinion, view the Illinois State Bar Association article here.
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