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The Mystery of PL Alimony  and Counsel Fees and Opps what about Appeals

Alimony is a complicated area of Maryland divorce law in that there are multiple types of alimony to fit the needs of the financially dependant spouse. For example there is pendente lite alimony (PL or temporary alimony). This is available no matter who is at fault for the break up of the marriage. You could have a situation where your spouse commits adultery and claims PL alimony and gets it because he/she has demonstrated a need for support and he/she has demonstrated you have the ability to support them. In fact just to mention the financially dependant spouse could even secure an order from the court requiring you to pay the attorney fees they have incurred. Maryland recognizes the privileged suitor "We stated the general rule in Guarino that the party seeking alimony is a privileged suitor “ ‘whether [he] or she be plaintiff or defendant [,]’ ” 684 A.2d 23 (citation omitted), if that party is “ ‘without means' ” or “ ‘destitute of the pecuniary means of carrying on her suit.’ ” As a privileged suitor that person is entitled to advanced attorney's fees for carrying on the suit, regardless of whether she is the appellant or appellee on appeal. See id. at 8, 11 & n. 2, 684 A.2d 23.

Moreover, whether or not the court and the parties use the term “privileged suitor,” the general rule in Maryland is that a party to a divorce proceeding may be required to pay reasonable counsel fees for services rendered to his or her spouse, both in the trial court and on appeal, when it appears that the spouse's income is insufficient to care for his or her needs. See Eberly v. Eberly, 12 Md.App. 117, 128-29, 278 A.2d 107 (1971) (stating that a party to a divorce proceeding may be required to pay the reasonable counsel fees for services rendered to his or her spouse at trial and on appeal, but declining to award attorney's fees to the wife because she earned an income sufficient to cover her own fees); see also Randolph, 67 Md.App. at 581, 508 A.2d 996 (stating that FL § 11-110 contemplates an award of attorney's fees when an appeal is taken from a decision resolving alimony issues).

We have said that an award of attorney's fees is within the discretion of the presiding trial judge. Dave, 157 Md.App. at 675, 853 A.2d 826. Although the award is subject to appellate review, we will not disturb it “unless it is shown that the *391 discretion was exercised arbitrarily or the judgment was clearly wrong.”
 

§ 11-110. Order to pay reasonable and necessary expenses

 Definitions

(a)(1) In this section the following words have the meanings indicated.

(2) "Proceeding" includes a proceeding for:

(i) alimony;

(ii) alimony pendente lite;

(iii) modification of an award of alimony; and

(iv) enforcement of an award of alimony.

(3) "Reasonable and necessary expense" includes:

(i) suit money;

(ii) counsel fees; and

(iii) costs.

Authority of court

(b) At any point in a proceeding under this title, the court may order either party to pay to the other party an amount for the reasonable and necessary expense of prosecuting or defending the proceeding.

Required considerations

(c) Before ordering the payment, the court shall consider:

(1) the financial resources and financial needs of both parties; and

(2) whether there was substantial justification for prosecuting or defending the proceeding. 

Required findings

(d) Upon a finding by the court that there was an absence of substantial justification of a party for prosecuting or defending the proceeding, and absent a finding by the court of good cause to the contrary, the court shall award to the other party the reasonable and necessary expense of prosecuting or defending the proceeding.

Expenses paid previously

(e) The court may award reimbursement for any reasonable and necessary expense that has previously been paid.

Counsel fees

(f) As to any amount awarded for counsel fees, the court may:

(1) order that the amount awarded be paid directly to the lawyer; and

(2) enter judgment in favor of the lawyer.