The short answer is it depends. The “American Rule” is that each spouse typically pays their own attorney fees. However, here in Michigan, there are three grounds for which a spouse may be ordered to pay the other’s attorney fees. First, where one spouse has failed to comply with an order and the other has to pay their attorney to ask the court to force compliance and maybe attend a hearing. Second, where a spouse has filed a frivolous action and the other is forced to pay their attorney to defend against it. Third and most commonly, where one spouse requests the other to pay attorney fees because they have alleged in good faith that they do not have the means to cover the cost of an attorney, and the other spouse does have the financial ability to contribute to their attorney fees. In these situations, the court often orders all or some attorney fees to be paid by the spouse who can afford to contribute. Interestingly, these requests for attorney fees can be made during a divorce case, but a request is proper even after the parties are divorced if there are post-judgment issues and attorney fees.

What if My Spouse Commits Misconduct During the Divorce?

Frivolous actions filed by a spouse and a spouse’s failure to comply with court orders fall under the category of misconduct. In Reed v. Reed, our Michigan Court of Appeals outlined requirements for when a spouse is requesting attorney fees due to misconduct by the other spouse. There must be a causal connection between the misconduct and the fees requested. Lawyers call this a causal nexus. This means the court must make an explicit finding that if not for the spouse’s misconduct, the services for which the attorney fees were incurred would not have arisen. Suppose a spouse can produce evidence of the offending spouse’s misconduct. In that case, if the misconduct caused their attorney to render additional services to handle the result of the misconduct, and if the costs incurred for the services rendered were reasonable, the court can order the offending spouse to pay attorney fees only for the services rendered related to the misconduct.

How Does the Court Determine What Fees Are Reasonable?

The court must also determine if the amount of attorney fees requested are reasonable. This finding is necessary in situations involving misconduct and situations where one spouse does not have the means to pay. In other words, before the court orders attorney fees to shift from one spouse to the other, the judge has to determine several things, including whether those fees are reasonable. To determine reasonableness, the court will look at what services were rendered or need to be rendered in the future, what purpose they were rendered for (in cases involving misconduct), if they were necessary, and the total amount charged. Upon a showing that the attorney services rendered were done properly and efficiently, were necessary for the case, and were priced appropriately, the court can find the fees are reasonable and order that they be paid.

At The Kronzek Firm, our top-rated family law attorneys are experienced in all Michigan matrimonial issues, including

• Divorce
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[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]