When will a court award attorney’s fees?

Pursuant to MCR 3.206(C)(2), there are two independent bases for awarding attorney fees and expenses.
1.) The first is based upon a party’s need to prosecute or defend a claim and the other party has the ability to pay or contribute, and 2.) The second is based on a party’s behavior without reference to need or the ability to pay.

The court will consider the income of both parties, as well as, the overall distribution of property, and whether the property settlement adequately provides for the spouse in need.

If you have questions regarding the award of attorney’s fees, please contact the attorneys at Serafini, Michalowski, Derkacz & Associates at (586) 264-3756.