Delaware Code

13 Del. C. § 1515 (2026)

Attorneys’ fees

✓ current as of May 2026

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The Court from time to time after considering the financial resources of both parties may order a party to pay all or part of the cost to the other party of maintaining or defending any proceeding under this title and for attorneys’ fees, including sums for legal services rendered and costs incurred prior to the commencement of the proceeding or after the entry of judgment. The Court may order that the amount be paid directly to the attorney, who may enforce the order in such attorney’s own name.

Code 1915, § 3015; Code 1935, § 3508; 13 Del. C. 1953, § 1530; 59 Del. Laws, c. 350, § 1; 70 Del. Laws, c. 186, § 1; 84 Del. Laws, c. 42, § 1;

Notes of Decisions

Cited in 13 cases (6 in the last 5 years), 1992–2026 · leading case: Daniel Goode v. Sarina Goode (Del. 2025).

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Daniel Goode v. Sarina Goode (Del. 2025). · cites it 10× “Ex-Husband also argues that the court erred in awarding attorneys’ fees because 13 Del. C § 1515 does not apply. For the following reasons, we AFFIRM the Family Court’s decision.”

Solomon v. Fenimore (In Re Fenimore), 142 B.R. 101 (Bankr. D. Del. 1992). “See Movant’s Exhibit 2 at 36, citing 13 Del.C. § 1515. Wife incurred the fees to assure the proper litigation of her case in the face of Debtor’s recalcitrant conduct.”

Tanner v. Allen (Del. 2016). · cites it 6× “However, it stated that “[t]his fee award is made after considering the financial circumstances of the parties pursuant to 13 Del. C. § 1515 and factors set forth in Fam.”

Borne v. Reynold (Del. 2019). · cites it 2× “The Family Court has discretion under 13 Del. C. § 1515 to award attorneys’ fees.”

Harold v. Harold (Del. 2019). · cites it 2× “Under 13 Del. C. § 1515, the “Court from time to time after considering the financial resources of both parties may order a party to pay all or part of the cost to the other party of maintaining or defending any proceeding under this title and for attorneys’ fees.”

Civic Ass'n of Surrey Park v. Robert Riegel (Del. Ch. 2023). · cites it 2× “1993) (reasoning 13 Del. C. § 1515 conferred jurisdiction on the Family Court to award fees notwithstanding that an appeal had been filed in the case).”

Winston, Audrey v. Kevin Winston (Del. 2026). · cites it 2× “”18 (19) A “finding that a party’s conduct prolonged litigation or made it unnecessarily expensive, if supported by the record, may constitute an equitable consideration warranting a fee award.”

Woods v. Woods (Del. 2016). “Finally, the Family Court awarded the Mother attorneys’ fees under 13 Del. C. § 1515. The Father was ultimately ordered to pay $2,500 of the Mother’s attorneys’ fees and costs, approximately half of the amount sought by the Mother.”

Carlton v.Zepski (Del. 2018). “13 Del. C. § 1515 (providing the court the power to award fees without any guaranteed procedural recourse to contest an award before an order is made final).”

The Marilyn Abrams Living Trust v. Pope Investments LLC (Del. Ch. 2018). “2d at 890 (citing 13 Del. C. § 1515). 19 Id. 7 prevailing-party provision in an agreement.”

Harold v. Harold (Del. 2022). “The Family Court neither found that the Husband was a disadvantaged spouse without financial resources to prosecute or defend the motion,18 nor did it find that there was a legal or equitable basis for the award of 14 Tanner v.”

Cook v. Cook (Del. 2022). “That record provided a basis for its decision in accordance with 13 Del. C. § 1515, Family Court Civil Rule 88, and Rule 1.”

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