Will I have to pay for my wife's attorney fees?

                  When a husband earns more than his wife, men often wonder whether they will be required to pay for not only his own divorce lawyer, but also for his wife’s attorney. Missouri law allows judges broad discretion when it comes to ordering one party to a divorce to pay for the cost of the other party’s lawyer.  Courts in Missouri consider several factors for determining whether one spouse should pay the attorney fees for the other spouse’s lawyer: the ability of each spouse to afford their attorney, the merits of each party’s claims in the proceedings, and each party’s behavior and legal maneuvering during the case.

                  In general, Missouri courts follow the American Rule, which holds that each party pays for their own attorney. However, as you might have guessed, there are exceptions to the American Rule in Missouri. Missouri State Statute 452.355 governs the award of attorney fees in domestic relations cases. According to the statute, in making a decision of whether to award attorney fees to one party, courts should consider “… all relevant factors including the financial resources of both parties, the merits of the case and the actions of the parties during the pendency of the action.”  The statute also authorizes an award of attorney fees in cases where the failure to pay child support is an issue.

                  The issue of awarding attorney fees in divorce cases was discussed in a case from 2000 decided by the Western District of the Missouri Court of Appeals. In the case, the wife appealed the trial court’s decision not to order her husband to pay for her attorney in the divorce, among other issues. She argued her ex should have to pay her attorney fees because she did not have sufficient resources to pay her attorney’s fees and because the husband’s financial condition was far superior to her own. She requested the Court order her husband to pay at least a portion of the $10,000 she incurred.

                  In discussing its decision, the Court of Appeals noted that Missouri law allows broad discretion for a trial judge when considering whether or not to award attorney fees. And to overrule and reverse the trial court’s decision, there must have been an abuse of discretion by the judge such that the decision was against the logic of the circumstances and so arbitrary and unreasonable as to shock one’s sense of justice.

                  As evidence, the wife highlighted her case by arguing she only earned $6.50 per hour, yet her husband made over $100,000 per year. The Court of Appeals ruled that the fact that the Husband’s income exceed the wife’s, and the state of the wife’s financial needs, were each only individual factors that didn’t, on their own, compel the judge to award attorney fees. The record showed the wife was only working part time when she had the capability to work full time, and she had the ability to find higher paying employment. Additionally, she was awarded over $500,000 in Coca-Cola stock in the divorce. The court held that given these additional assets and taking into consideration that husband had to pay child support and the cost of the children’s private education, the denial of the Wife’s request for attorney fees was not so unreasonable and arbitrary so as to shock one’s sense of justice.

                  If you are served with divorce papers, and when reading through the petition for dissolution you see your ex is asking for attorney fees, don’t freak out. It’s extremely common to see one or both parties requesting the other side to pay their attorney fees, but it is actually quite rare for a judge to actually order one party to pay for the other party’s lawyer. Most judges adhere to the American rule unless there is a pretty compelling reason to deviate from it.

                  If you are facing a divorce and your wife wants you to pay for her lawyer, call the Men’s Center for Domestic Resolution. The Men’s Center for Domestic Resolution is Kansas City’s father’s rights law firm.