Maine Revised Statutes

Me. Rev. Stat. tit. 19-A, § 105 (2026)

Award and payment of attorney's fees and other fees

✓ current as of May 2026

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1. Attorney's fees and costs. In an action under this Title, including actions to modify or enforce existing orders, the court may, after an opportunity for hearing, order a party, including a party in interest, to pay another party or another party's attorney reasonable attorney's fees, including costs, for participation in the proceedings.

[PL 2005, c. 323, §1 (NEW).]

2. While pending; part of final decision. In appropriate cases, the court may order fees and costs paid while an action is pending, including while on appeal, or may make an order as part of a final decision in a case.

[PL 2005, c. 323, §1 (NEW).]

3. Fees and expenses of 3rd-party participants. The court may order a party to pay reasonable fees and expenses of 3rd-party participants in the proceedings, including guardians ad litem, expert witnesses and providers of services, whether retained by a party or the court.

[PL 2005, c. 323, §1 (NEW).]

4. Interest; means of collection. Awards under this section are subject to the accumulation of statutory interest and may be collected by any means available under law, including, but not limited to, remedies available under Title 14 and Title 36, section 185-A. Additional fees may be assessed in appropriate cases when additional fees are incurred for prosecuting collection actions.

[PL 2019, c. 659, Pt. D, §2 (AMD).]

SECTION HISTORY

PL 2005, c. 323, §1 (NEW). PL 2019, c. 659, Pt. D, §2 (AMD).

Notes of Decisions

Cited in 30 cases (6 in the last 5 years), 2006–2025 · leading case: Greaton v. Greaton, 36 A.3d 913 (Me. 2012).

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Greaton v. Greaton, 36 A.3d 913 (Me. 2012). · cites it 4× “See 19-A M.R.S. § 105 (2011); Cheoros v. Cheoros, 1997 ME 37, ¶ 3 , 690 A.”

Nadeau v. Nadeau, 957 A.2d 108 (Me. 2008). · cites it 2× “We therefore vacate the same and remand for the court to determine, pursuant to the July 17, 2006, interim order, the amount of interim child support and interim spousal support that was due as of the date of the entry of final judgment; the amount of payments Robert made…”

Conlogue v. Conlogue, 2006 ME 12 (Me. 2006). · cites it 2× “§ 1803(6) (1998), which provided: “6. Costs and fees. The court may award costs, including reasonable attorney’s fees, for defending or prosecuting actions under this chapter.”

Timothy True v. Sheena Harmon, 2015 ME 14 (Me. 2015). · cites it 4× “The Trues contend that the court erred in awarding attorney fees without providing them “an opportunity for hearing,” as required by 19-A M.R.S. § 105(1) (2014). We vacate the judgment and remand for further proceedings.”

Helge Riemann v. Kristina A. Toland, 2022 ME 13 (Me. 2022). · cites it 2× “3d 1149 (quotation marks omitted); see 19-A M.R.S. § 105 (2021). [¶26] In their premarital agreement, Riemann and Toland waived the right to seek attorney fees in the event of divorce.”

James-Robert G. Curtis v. Florania Da Silva Medeiros, 2016 ME 180 (Me. 2016). “See 19-A M.R.S. § 105 (2015); True v. Harmon, 2015 ME 14, ¶ 10 , 110 A.”

Wandishin v. Wandishin, 2009 ME 73 (Me. 2009). “Application of the term after entry of the divorce may depend on discrete factual situations that may be difficult to predict and anticipate through a more specific definition. The court did not err in declining to further define the term “cohabitation” as Betsy had requested.”

Marie J. (Marchiori) Eremita v. Cristiano A. Marchiori, 2016 ME 160 (Me. 2016). “With no proper motion for further findings and conclusions before it, the court did not err by denying Eremita’s request for relief.”

Molly G. (Lachance) Jandreau v. Daniel L. Lachance, 2015 ME 66 (Me. 2015). “The court may order one party to pay another party’s reasonable attorney fees for partie-ipation in any family proceeding, 19-A M.R.S. § 105(1) (2014), and may in a divorce proceeding award attorney fees “in the nature of support,” 19-A M.”

Wooldridge v. Wooldridge, 940 A.2d 1082 (Me. 2008). “She argues the court did so because it erroneously charged her with “unnecessarily increasing the expense and complexity of this litigation.”

Arn H. Pearson v. Mary Lou Wendell, 2015 ME 136 (Me. 2015). “2d 760 (citations omitted) (quotation marks omitted); see also 19-A M.R.S. § 105(1) (2014) (providing that a court may order a party in a domestic relations case to pay “reasonable” attorney fees).”

Lindsay E. Verite v. Eric J. Verite, 2016 ME 164 (Me. 2016). “” 19-A M.R.S. § 105(3) (2015). We review a trial court’s decision ordering a party t,o pay fees and expenses of third party participants for an abuse of discretion.”

Show all 30 citing cases →

— Me. Rev. Stat. tit. 19-A, § 105(1) — 18 cases

Conlogue v. Conlogue, 2006 ME 12 (Me. 2006). “§ 1803(6) (1998), which provided: “6. Costs and fees. The court may award costs, including reasonable attorney’s fees, for defending or prosecuting actions under this chapter.”

Timothy True v. Sheena Harmon, 2015 ME 14 (Me. 2015). “The Trues contend that the court erred in awarding attorney fees without providing them “an opportunity for hearing,” as required by 19-A M.R.S. § 105(1) (2014). We vacate the judgment and remand for further proceedings.”

Nadeau v. Nadeau, 957 A.2d 108 (Me. 2008). “We therefore vacate the same and remand for the court to determine, pursuant to the July 17, 2006, interim order, the amount of interim child support and interim spousal support that was due as of the date of the entry of final judgment; the amount of payments Robert made…”

Wandishin v. Wandishin, 2009 ME 73 (Me. 2009). “Application of the term after entry of the divorce may depend on discrete factual situations that may be difficult to predict and anticipate through a more specific definition. The court did not err in declining to further define the term “cohabitation” as Betsy had requested.”

Marie J. (Marchiori) Eremita v. Cristiano A. Marchiori, 2016 ME 160 (Me. 2016). “With no proper motion for further findings and conclusions before it, the court did not err by denying Eremita’s request for relief.”

— Me. Rev. Stat. tit. 19-A, § 105(3) — 1 case

Lindsay E. Verite v. Eric J. Verite, 2016 ME 164 (Me. 2016). “” 19-A M.R.S. § 105(3) (2015). We review a trial court’s decision ordering a party t,o pay fees and expenses of third party participants for an abuse of discretion.”

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