(A) In an action for divorce, dissolution, legal separation, or annulment of marriage or an appeal of that action, a court may award all or part of reasonable attorney's fees and litigation expenses to either party if the court finds the award equitable. In determining whether an award is equitable, the court may consider the parties' marital assets and income, any award of temporary spousal support, the conduct of the parties, and any other relevant factors the court deems appropriate.
(B) In any post-decree motion or proceeding that arises out of an action for divorce, dissolution, legal separation, or annulment of marriage or an appeal of that motion or proceeding, the court may award all or part of reasonable attorney's fees and litigation expenses to either party if the court finds the award equitable. In determining whether an award is equitable, the court may consider the parties' income, the conduct of the parties, and any other relevant factors the court deems appropriate, but it may not consider the parties' assets.
(C) The court may specify whether the award of attorney's fees and litigation expenses under this section is payable in gross or by installments. The court may make an award of attorney's fees and litigation expenses under this section in addition to making an award of attorney's fees and litigation expenses under any other provision of the Revised Code or of the Rules of Civil Procedure.
(D) Nothing in this section prevents an award of attorney's fees and litigation expenses from being designated as spousal support, as defined in section 3105.18 of the Revised Code.
Notes of Decisions
Cited in 328
cases (99 in the last 5 years), 2006–2026 · leading case: Wilson v. Wilson, 2023 Ohio 1752 (Ohio Ct. App. 2023).
Wilson v. Wilson, 2023 Ohio 1752 (Ohio Ct. App. 2023). · cites it 28דFacts and Procedural History Geraldine and Calvin Wilson’s (“Calvin”) 25-year marriage was terminated by way of an Agreed Judgment Entry Decree of Divorce journalized in June 2016.”
Cichanowicz v. Cichanowicz, 2013 Ohio 5657 (Ohio Ct. App. 2013). · cites it 23ד{¶43} On July 21, 2011, Phil filed a “motion for attorney fees,” in which he requested that the trial court issue an order pursuant to R.C. 3105.73 awarding him $15,000 in additional attorney’s fees, which included the attorney’s fees he incurred in Lisa’s bankruptcy proceeding…”
Buckingham v. Buckingham, 2018 Ohio 2039 (Ohio Ct. App. 2018). · cites it 12ד{¶ 80} R.C. 3105.73 (B) states that: In any post-decree motion or proceeding that arises out of an action for divorce, dissolution, legal separation, or annulment of marriage or an appeal of that motion or proceeding, the court may award all or part of reasonable attorney's fees…”
Allan v. Allan, 2019 Ohio 2111 (Ohio Ct. App. 2019). · cites it 8דIn determining whether such an award is equitable, “the court may consider the parties’ marital assets and income, any award of temporary spousal support, the conduct of the parties, and any other relevant factors the court deems appropriate.”
Lykins v. Lykins, 2023 Ohio 4469 (Ohio Ct. App. 2023). · cites it 14ד51 and as it found equitable under R.C 3105.73. Regarding the motions to modify parental rights and related proceedings, the court awarded Susana 50 percent of -6- Clermont CA2022-07-034 her attorney fees.”
McCall v. Kranz, 2016 Ohio 214 (Ohio Ct. App. 2016). · cites it 8דLastly, pursuant to R.C. 3105.73(A), the trial court ordered McCall to pay Kranz $25,000 towards her attorney fees and other costs associated with this litigation.”
Roush v. Roush, 2017 Ohio 840 (Ohio Ct. App. 2017). · cites it 5דPursuant to R.C. 3105.73(A), in a divorce action, a trial court may award "all or part of reasonable attorney's fees and litigation expenses to either party if the court finds the award equitable.”
Lee v. Lee, 2019 Ohio 61 (Ohio Ct. App. 2019). · cites it 7ד7 THE TRIAL COURT ERRED IN VIOLATION OF ORC 3105.73, WHEN IT ENTERED JUDGMENT PROSPECTIVELY FOR ATTORNEY FEES AND LITIGATION EXPENSES TO THE PREVAILING PARTY IN A POSTJUDGMENT PROCEEDING TO “EFFECTUATE PERFORMANCE OF ANY PROVISION OF” THE JUDGMENT ENTRY.”
Strauss v. Strauss, 2011 Ohio 3831 (Ohio Ct. App. 2011). · cites it 4ד73 sets forth the trial court’s authority to award attorney fees in a divorce proceeding and provides in relevant part: 35 “(A) In an action for divorce, dissolution, legal separation, or annulment of marriage or an appeal of that action, a court may award all or part of…”
Kim v. Kim, 2020 Ohio 22 (Ohio Ct. App. 2020). · cites it 6ד{¶47} Pursuant to R.C. 3105.73(A), “a court may award all or part of reasonable attorney’s fees and litigation expenses to either party if the court finds the award equitable.”
Ramsey v. Ramsey, 2014 Ohio 1921 (Ohio Ct. App. 2014). · cites it 4דAn award of attorney fees under R.C. 3105.73 lies within the sound discretion of the trial court, and we will not reverse an award of attorney fees absent an abuse of that discretion.”
Patterson v. Patterson, 2011 Ohio 5644 (Ohio Ct. App. 2011). · cites it 9דBecause we hold that the trial court was permitted to award fees under R.C. 3105.73(B) in the absence of a specific request from a party, and because no abuse of discretion occurred in the award of fees, we affirm the trial court’s judgment.”
McCall v. Kranz, 2016 Ohio 214 (Ohio Ct. App. 2016). “Lastly, pursuant to R.C. 3105.73(A), the trial court ordered McCall to pay Kranz $25,000 towards her attorney fees and other costs associated with this litigation.”
Roush v. Roush, 2017 Ohio 840 (Ohio Ct. App. 2017). “Pursuant to R.C. 3105.73(A), in a divorce action, a trial court may award "all or part of reasonable attorney's fees and litigation expenses to either party if the court finds the award equitable.”
Allan v. Allan, 2019 Ohio 2111 (Ohio Ct. App. 2019). “In determining whether such an award is equitable, “the court may consider the parties’ marital assets and income, any award of temporary spousal support, the conduct of the parties, and any other relevant factors the court deems appropriate.”
Cichanowicz v. Cichanowicz, 2013 Ohio 5657 (Ohio Ct. App. 2013). “{¶43} On July 21, 2011, Phil filed a “motion for attorney fees,” in which he requested that the trial court issue an order pursuant to R.C. 3105.73 awarding him $15,000 in additional attorney’s fees, which included the attorney’s fees he incurred in Lisa’s bankruptcy proceeding…”
Wilson v. Wilson, 2023 Ohio 1752 (Ohio Ct. App. 2023). “Facts and Procedural History Geraldine and Calvin Wilson’s (“Calvin”) 25-year marriage was terminated by way of an Agreed Judgment Entry Decree of Divorce journalized in June 2016.”
Lykins v. Lykins, 2023 Ohio 4469 (Ohio Ct. App. 2023). “51 and as it found equitable under R.C 3105.73. Regarding the motions to modify parental rights and related proceedings, the court awarded Susana 50 percent of -6- Clermont CA2022-07-034 her attorney fees.”
Patterson v. Patterson, 2011 Ohio 5644 (Ohio Ct. App. 2011). “Because we hold that the trial court was permitted to award fees under R.C. 3105.73(B) in the absence of a specific request from a party, and because no abuse of discretion occurred in the award of fees, we affirm the trial court’s judgment.”
Strauss v. Strauss, 2011 Ohio 3831 (Ohio Ct. App. 2011). “73 sets forth the trial court’s authority to award attorney fees in a divorce proceeding and provides in relevant part: 35 “(A) In an action for divorce, dissolution, legal separation, or annulment of marriage or an appeal of that action, a court may award all or part of…”
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