Clients often ask whether the other party will be required to pay their attorney’s fees. In Ohio, the court may award all or part of reasonable attorney’s fees and litigation expenses to either party in an action for divorce, dissolution, legal separation, annulment of marriage, or an appeal of that action, if the court finds the award equitable. In determining whether an award is equitable, the court may consider the parties’ marital assets and income, any award of temporary spousal support, the conduct of the parties, and any other relevant factors the court deems appropriate.
The court also has the ability to award attorney’s fees when there is litigation after the marriage is terminated, called “post-decree litigation.” The court may award all or part of reasonable attorney’s fees and litigation expenses to either party if the court finds the award equitable. In determining whether an award is equitable, the court may consider the parties’ income, the conduct of the parties, and any other relevant factors the court deems appropriate, but it may not consider the parties’ assets.
An award of attorney’s fees and litigation expenses can be payable in gross or by installments.