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Can I Make My Spouse Pay My Attorney Fees in a Pennsylvania Divorce

Divorce can be expensive, especially when one spouse refuses to cooperate or drags out the process. When that happens, it’s not only frustrating—it’s unfair. Fortunately, Pennsylvania law allows judges to require one spouse to pay some or all of the other’s attorney’s fees in certain circumstances. This helps ensure that both parties can access fair representation and that misconduct or delay doesn’t go unpunished.

In some cases, one spouse does everything possible to stall or avoid accountability. Courts don’t reward that behavior—they recognize that the cooperative spouse shouldn’t bear the cost alone. That’s when the court can order the other side to pay part or all of the attorney’s fees.

In Pennsylvania, judges have discretion to award attorney’s fees when it’s necessary to promote fairness and justice. The goal is to prevent one party from gaining an unfair advantage through financial pressure or bad faith. Common reasons courts order one spouse to pay the other’s legal fees include:

• Income disparity: When one spouse earns significantly more, the court may award fees to ensure both sides have access to quality representation.
• Bad-faith conduct: If a spouse files frivolous motions, ignores court orders, or refuses to provide required documents, they may be ordered to pay the other’s fees.
• Protection of marital assets: Courts may award fees when one spouse hides assets or misuses funds that belong to both parties.
• Contempt or delay: When a spouse deliberately stalls proceedings or violates court orders, fee awards help correct the imbalance.

Legal Basis for Attorney’s Fee Awards in Pennsylvania

Attorney’s fee awards are governed primarily by 23 Pa.C.S. § 3502, which gives courts authority to grant counsel fees as part of equitable distribution. Additionally, Pennsylvania Rule of Civil Procedure 1023.1 allows judges to impose sanctions or fees when a party or attorney acts in bad faith or for an improper purpose, such as delay or harassment.

Other Pennsylvania laws that may apply: Depending on your case, courts may also look to 23 Pa.C.S. § 3323(c), (e) (interim/temporary counsel fees), 23 Pa.C.S. § 3702 and § 3703(7) (pendente lite fees and enforcement where orders are violated), 42 Pa.C.S. § 2503 (Judicial Code sanctions for dilatory, obdurate, or vexatious conduct or bad faith), and a.R.C.P. 4019(g)(1) (discovery sanctions, including attorney’s fees for noncompliance). These provisions give judges flexibility to promote fairness and ensure compliance throughout the case.

How to Request Attorney’s Fees

Your attorney can request fees as part of a motion or at key points during your case. To strengthen your request:

• Document your costs and time spent. Keep detailed records of payments, invoices, and delays caused by the other party.
• Show evidence of misconduct or bad faith. Missed hearings, ignored discovery requests, and repeated noncompliance all help prove your case.
• Highlight financial imbalance. If your spouse controls most of the marital resources or income, your attorney can demonstrate how this limits your ability to participate fairly.

Real-World Example

In one case, our firm’s client, the primary breadwinner, was paying all the expenses while her husband refused to participate in the divorce. He ignored discovery, skipped hearings, and avoided accountability at every turn. Through motions and persistence, the court not only finalized the divorce but also required the husband to pay his wife’s attorney’s fees from the marital estate. The decision sent a clear message: cooperation is expected, and fairness matters.

Why This Matters

Attorney’s fee awards help restore balance and protect those who act in good faith. Without this remedy, a manipulative or stalling spouse could force the other into financial hardship just to end the marriage. Importantly, fee awards in Pennsylvania are not meant to punish; they exist to promote equity and encourage future compliance with court orders.

Attorney’s fee awards help restore balance and protect those who act in good faith. Without this remedy, a manipulative or stalling spouse could force the other into financial hardship just to end the marriage. Fee awards ensure that both parties can participate equally and that no one gains leverage through delay or intimidation.

Beyond Divorce: Fees in Support and Custody Contexts

Although fee awards are most common in divorce, Pennsylvania law also allows courts to consider fees in related matters such as child support proceedings (see 23 Pa.C.S. § 4351) and custody jurisdiction disputes (see 23 Pa.C.S. § 5452). While less common, these provisions reflect the broader goal of ensuring fairness and compliance across family law cases.

FAQs

How do I qualify for an award of attorney’s fees in Pennsylvania?

Courts typically look for significant financial imbalance or evidence of bad-faith conduct (e.g., repeated delays, ignored orders). Each request is case-specific and supported by documentation of costs and the other party’s behavior.

Can I recover my fees if my spouse ignores court orders or discovery?

Possibly. Judges can award fees tied to noncompliance—especially where there’s a pattern—using tools like Rule 1023.1, § 3502, and discovery sanctions under Pa.R.C.P. 4019(g)(1).

Are attorney’s fees common in custody or support cases?

Less common, but available in specific scenarios. For example, § 4351 allows fees when an obligee prevails in certain support actions, and § 5452 addresses fees in custody jurisdiction disputes.

Take the Next Step

If your spouse is driving up legal costs by refusing to cooperate, you may not have to pay the price alone. The attorneys at СÖíÊÓƵ, LLC can help you document the delays, request attorney’s fees, and hold your spouse accountable. Schedule a confidential consultation today to discuss your options and secure the fair outcome you deserve.