Divorce can be emotionally and financially draining, especially when one spouse holds a significant financial advantage. The good news is that Michigan divorce law provides several situations where a judge may order one spouse to pay the other’s attorney fees.
Understanding when and how you can request this can help level the playing field in your case.
Can a Spouse Be Ordered to Pay Attorney Fees in a Michigan Divorce?
Under Michigan law, there are specific circumstances in which one spouse may be required to cover the other’s legal costs. These situations typically arise when one spouse’s conduct or financial status creates an unfair burden on the other, prolonging the court proceedings and requiring the other party to pay more out of pocket expenses.
Here are the three main grounds for requesting that your spouse pay your attorney fees:
- Failure to Comply with a Court Order
If your spouse disobeys a court order and you incur additional legal fees trying to enforce it, you can petition the court to make them pay those expenses. - Filing an Unjustifiable Action
When one spouse files baseless motions that require the other to spend more on legal defense, the court can require the offending party to cover those attorney fees. - Financial Disparity Between Spouses
If one spouse has significantly greater financial resources or income—and is largely responsible for the breakdown of the marriage—the judge may order that spouse to pay the other’s legal costs.
For example, if your spouse earns substantially more than you and has engaged in misconduct, such as hiding assets or delaying proceedings, that could strengthen your request for attorney fee coverage.
How to Support Your Request for Attorney Fees
To improve your chances of having attorney fees granted, documentation is key. Keep detailed records of all communication and settlement attempts, including:
- Emails and text messages with dates and summaries of discussions
- Phone call logs noting the time and topics discussed
- Proof of delays or uncooperative behavior by your spouse
If you can show the court that your spouse deliberately prolonged the process and caused your legal team to spend more time and resources, that can strengthen your case for fee reimbursement.
How Courts Evaluate Attorney Fees
Michigan judges don’t only consider each spouse’s behavior—they also evaluate the reasonableness of the attorney fees being requested. The court will review several factors, including:
- Attorney’s Reputation and Experience
Judges assess how long the lawyer has practiced, their specialization, and professional standing. - Time, Skill, and Labor Involved
Complex cases involving child custody, property division, or immigration issues may justify higher fees. - Results Achieved
Courts weigh the outcomes obtained relative to the hours billed. - Difficulty of the Case
Cases involving high conflict or multiple legal issues may require specialized expertise. - Out-of-Pocket Expenses
Judges may account for necessary extra costs incurred during the case. - Length of the Professional Relationship
Longer, ongoing cases involving multiple filings often justify higher fees. - Opportunity Cost to the Attorney
If the attorney had to decline other work due to your case’s demands, this may influence the ruling. - Comparison to Local Legal Rates
Fees must be consistent with the State Bar of Michigan’s economic survey and typical local rates.
Why Hiring an Experienced Divorce Attorney Matters
Navigating Michigan’s divorce process requires legal experience and strategic planning, especially in cases involving financial inequality, child custody disputes and immigration status. A skilled divorce attorney can help gather documentation, present evidence effectively, and argue for fair compensation of your legal fees.
If you believe your spouse’s actions or financial advantage unfairly increased your costs, discuss this with your attorney. They can formally request that the court order your spouse to pay your attorney fees and ensure your rights are protected throughout the divorce process.
Atiya Law has previously won attorney fees for our clients following these exact steps above.
If you or a family member need information regarding a specific case or the assistance of experienced attorneys fighting for people like you every day, call our 24/7 English-Spanish line at 248.951.2450 or reach out to us at Atiya Law.