A frequently asked question is: Will my spouse have to pay my legal fees/will I have to pay legal fees for my spouse?  The statutory law permits the court to award legal fees in a variety of circumstances including in divorce, child support, custody (in some circumstances) as well as for a sanction bad behavior (intentional delays, refusal to comply with discovery, filing repeated and unreasonable motions, lying, and other “obdurate and vexatious” behavior).  Legal fees can be awarded at the end of the case or can be awarded on an interim basis.

Interim legal fees are much more commonly dealt with by means of an interim award of equitable distribution (see interim agreements) where the spouse who may control liquid assets agrees that an interim distribution can be made to the other spouse so that that spouse can retain counsel and experts.  When a case is finally litigated, a court can award legal fees along with equitable distribution, alimony, etc.  However, the awards are frequently puny and it is virtually impossible to obtain an order requiring one spouse to pay 100% of the legal fees of the other spouse.  Factors considered by the court include the reasonableness of the hourly rate, the reasonableness of the services provided, the results obtained, the difficulty of the issue, and the amount in controversy.