Illinois Supreme Court to File Opinion in Earlywine on Thursday Morning


Yesterday afternoon, the Illinois Supreme Court posted notice that it expects to issue opinions in three cases on Thursday morning at 10:00 a.m., including one civil case, In re Marriage of Earlywine. Earlywine presents an interesting issue at the intersection between the law of attorneys’ fees and domestic relations:

  • In re Marriage of Earlywine, No. 114779: Is an advance payment retainer to a spouse's retained attorney in divorce proceedings the attorney's property at the moment of payment, and therefore not subject to disgorgement for an award of interim attorney's fees pursuant to 750 ILCS 5/501(c-1), the Illinois Marriage and Dissolution of Marriage Act?

Our detailed summary of the facts and lower court opinions in Earlywine is here. Our report on the oral argument is here.