Could I be Required to Pay My Spouse’s Attorney Fees in a Divorce?

A spouse may be required to pay their spouse’s attorney fees in a North Carolina divorce. There are various situations in which this could occur, such as if one spouse filed a frivolous action. Attorney fees may also be awarded if the spouse requesting attorney fees does so in good faith and does not have the means to cover the costs.

What is a reasonable amount of attorney fees that one spouse may be ordered to pay? It depends on the complexity of the case, the necessity of the legal services incurred, the behavior of both parties, and numerous other factors.

Lowe v. Lowe

In the case of Lowe v. Lowe, Husband appealed the trial court’s decision to award Wife attorney fees, costs, and expenses. He believed there wasn’t sufficient evidence to support the trial court’s decision or, alternatively, that the court abused its discretion in calculating the amount Wife was entitled to receive.

The parties were married in 2013 and then separated in 2019, signing a separation agreement and property settlement which included terms for child custody. In July 2020, the trial court granted an absolute divorce with permanent custody provisions due to the incorporation of the separation agreement.

About six months later, Husband filed a motion to modify custody, and there was a hearing in January 2022 at which the court denied his motion to modify. Wife filed a motion for costs and attorney fees related to the hearing for Husband’s motion to modify, and the court later awarded Wife over $47,000 in attorney fees, costs, and expenses. Husband appealed.

What Fees Are Reasonable?

According to North Carolina law, courts may award reasonable attorney fees to any party who, in good faith, makes this request and does not have the means to cover the expense of the legal action. Various other considerations must be made by the trial court in order for a request for attorney fees to be successful in North Carolina, including:

• The nature and scope of the legal services provided to the requesting party
• The skill and time required to perform the legal services
• The customary fees compared to the requested fees

Wife testified that the fees charged by her attorney in the modification matter were less than what her previous attorney charged for the divorce matter. She also stated that she had insufficient means to cover the incurred costs. Further, the trial court determined that Wife’s attorney worked efficiently without wasting time, and because the time spent by her attorney was necessary, the total attorney fees were reasonable. The Court of Appeals determined that this was sufficient, and the lower court did not abuse its discretion by awarding Wife attorney fees.