Divorce Clients often ask if they can recover their attorney's fees from the opposing, offending party. While our law does allow for a recovery of attorneys fees, the right to recovery is limited to persons who do not have the ability to pay.
Ability to pay is judged not only by what assets a person might have available before and during the divorce, but also by what assets a person might get as a result of the divorce. Consequently, in cases where there are assets which may be recovered in the divorce, there will be no attorneys fees.
See, Jones v Jones, NO. 2011–CA–01440–COA (Decided April 30, 2013).