§24.4 Attorney Fees Under the Dissolution of

• Library: Family Law Deskbook (2025 Ed.)

II. (§24.4) Attorney Fees Under the Dissolution of

Marriage Law

Under Missouri’s dissolution of marriage law, the court may order a party to pay a reasonable amount to the other party for the costs of the proceeding, including attorney fees, and including amounts incurred before the commencement of the proceeding and after the entry of the final judgment, after considering all relevant factors, including the:

· financial resources of both parties;

· merits of the case; and

· actions of the parties during the pendency of the action.

Section 452.355.1, RSMo 2016.

“The court may order that the amount be paid directly to the attorney, who may enforce the order in the attorney’s name.” Id. It has been held that the word “including” allows the courts to consider factors not specifically set forth in the statute. Kieffer v. Kieffer, 590 S.W.2d 915 (Mo. banc 1979).

The financial resources of the parties is but one factor in the award of attorney fees. It is by no means the controlling factor. Rich v. Rich, 871 S.W.2d 618 (Mo. App. E.D. 1994). The inability of one spouse to pay his or her own or the other party’s attorney fees is not a requirement for awarding attorney fees or determinative of whether to award fees. In re Marriage of Thompson, 24 S.W.3d 751 (Mo. App. S.D. 2000).

On the other hand, one party’s greater ability to pay is sufficient to support an award of attorney fees. Katsantonis v. Katsantonis, 245 S.W.3d 925 (Mo. App. E.D. 2008). Though a party’s inability to pay may be sufficient to support an award of...