Can I Be Forced To Pay My Spouse’s Legal Fees?

The Maryland courts have wide discretion in making awards of attorney’s fees in family law cases, especially when there has been unfair action by one of the parties that increased the cost of litigation. One of the instances in which the court can award attorney fees to one party, is when that party wasted or dissipated assets from the marital estate or engaged in bad-faith litigation to drive up costs while dissolving the marriage. In this article, the Bel Air, Maryland, family law attorneys at Schlaich & Thompson, Chartered, will discuss a real case in which one party engaged in bad-faith litigation to drive up costs for the other party. 

Background of the case 

This case stemmed from a divorce proceeding in which the trial court had to resolve the issue of dividing the marital estate between the two parties. During the course of their marriage, the husband’s conduct resulted in the depletion of assets from the marital estate. The facts established that the husband used marital funds for non-marital purposes and dissipated marital assets while the marriage was deteriorating.

The wife claimed that the husband’s acts resulted in an unfair dissipation of marital assets and put the wife in an unfavorable position, especially since she had to expend funds to prove he dissipated assets. In this case, the trial court ruled in favor of the wife, concluding that the husband’s acts were dissipation under Maryland law.

In its overall disposition, the trial court ordered the husband to pay some of his former wife’s attorney fees. The rationale for the order was that the husband’s dissipation of marital assets and his contribution to the increased complexity and expense of the case warranted such an order to avoid further inequity between the spouses. 

The appeal 

The husband appealed the case, stating that he disagreed with the trial court’s findings in regard to dissipation and that he disagreed with the award of attorney fees to the wife. The husband argued that the trial court abused its discretion in awarding the attorney fees and that the court failed to take into consideration the financial situation of the parties.

Even though the husband argued his case in his pleadings, the Maryland Court of Appeals upheld the trial court’s decision in this case. The appellate court stated that dissipation is a relevant consideration in divorce cases and that dissipation is defined as “the use of marital property for a purpose unrelated to the marriage during a period in which the marriage is breaking down.”

In regard to the award of attorney’s fees in this case, the appellate court stated that Maryland law states that “trial courts have discretion to consider the financial resources and needs of both parties and their conduct in family court cases.” The fact that the husband dissipated marital assets and had to litigate in regard to those assets constituted an abuse that warranted the award of attorney fees in this case. 

Talk to a Bel Air, MD, Divorce Lawyer Today 

Schlaich & Thompson, Chartered, represent the interests of Maryland residents during their divorce. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

casemine.com/judgement/us/59148039add7b0493446f5bd