Introduction

     Many litigation matters in Virginia can result in an award of attorney’s fees to one of the parties. An award of attorney’s fees means that the Court enters a ruling that includes ordering one of the parties to pay a portion, or all, of the other party’s attorney’s fees expended in defending or bringing a lawsuit.

When an Award of Attorney’s Fees may be Appropriate

     An award of attorney’s fees generally sounds like a punishment imposed on one of the parties, which is often the case, but it can also simply be an acknowledgement of one spouse being substantially wealthier than their divorcing or former spouse. One example of this is show cause matters. Show cause matters are filed when a party has violated a Court order. If the filing party succeeds in proving that the other party did indeed violate the Court’s order, it is common for the Court to order that the offending party must pay all of, or a portion of, the other party’s attorney’s fees expending in filing and presenting the lawsuit in Court.

     A less common example of an award of attorney’s fees is when an extreme disparity in the income of the parties exists. This situation usually arises in divorce proceedings. For example, the husband may be the breadwinner and earning a high level of income, while the wife was a stay-at-home mom throughout the marriage without a source of income. If the disparity in the income-earning abilities of the parties is drastic enough, they Court may order that the husband has to pay a portion of the wife’s attorney’s fees expended throughout the divorce process to assist her with “getting back on her feet” following the divorce. This can also be used as a negotiating tool in settlement discussions.

Applicable Case Law

      In Sander v. Sander (Case No. CL2021-6570, October 17, 2024. Fairfax County Circuit Court (Gardiner). VLW 024-8-74), an award of attorney’s fees was granted due to the father’s “essentially groundless” motion to modify custody and support. The parties’ agreement gave the court the jurisdiction and authority to award attorney’s fees. It was determined that although the parties were in a similar financial position, it is not a factor when considering an award of attorney’s fees on a groundless motion.

We Can Help

     Our attorneys can assist you with any divorce, custody, show cause, estate litigation, and various other matters. Please call one of our offices at (804) 325-1245 (Richmond) or (757) 941-4298 (Williamsburg) to discuss how our experienced attorneys can be of assistance. 



Special thanks to Owen Togna for editorial assistance in drafting this article.