Wash. Rev. Code » Title 26 · Chapter 26.09
Revised Code of Washington

Wash. Rev. Code § 26.09.140 (2026)

Payment of costs, attorneys' fees, etc

✓ 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 a reasonable amount for the cost to the other party of maintaining or defending any proceeding under this chapter and for reasonable attorneys' fees or other professional fees in connection therewith, including sums for legal services rendered and costs incurred prior to the commencement of the proceeding or enforcement or modification proceedings after entry of judgment.
Upon any appeal, the appellate court may, in its discretion, order a party to pay for the cost to the other party of maintaining the appeal and attorneys' fees in addition to statutory costs.
The court may order that the attorneys' fees be paid directly to the attorney who may enforce the order in his or her name.
[ 2011 c 336 s 690; 1973 1st ex.s. c 157 s 14.]
Notes of Decisions
Cited in 742 cases (186 in the last 5 years), 1974–2026 · leading case: In re the Marriage of Rideout, 77 P.3d 1174 (Wash. 2003).
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In re the Marriage of Rideout, 77 P.3d 1174 (Wash. 2003). · cites it 9× “It did, however, award Christopher attorney fees on appeal concluding that, as “the prevailing party on appeal,” he was entitled to fees pursuant to RCW 26.09.140 and RAP 18.1(f). Rideout, 110 Wn.”
In Re Marriage of Rideout, 77 P.3d 1174 (Wash. 2003). · cites it 9× “It did, however, award Christopher attorney fees on appeal concluding that, as "the prevailing party on appeal," he was entitled to fees pursuant to RCW 26.09.140 and RAP 18.1(f). Rideout, 110 Wash.”
In re the Marriage of Leslie, 954 P.2d 330 (Wash. Ct. App. 1998). · cites it 11× “She argues RCW 26.09.140 applies to fee awards in child support modification proceedings.”
In Re Parentage of CAMA, 109 P.3d 405 (Wash. 2005). · cites it 6× “Attorney Fees ¶ 37 The parent requested attorney fees before the Court of Appeals under RCW 26.09.140: The court from time to time after considering the financial resources of both parties may order a party to pay a reasonable amount for the cost to the other party of…”
Appel v. Appel, 154 Wash. 2d 52 (Wash. 2005). · cites it 6× “Attorney Fees ¶37 The parent requested attorney fees before the Court of Appeals under RCW 26.09.140: The court from time to time after considering the financial resources of both parties may order a party to pay a reasonable amount for the cost to the other party of maintaining…”
In Re Marriage of Brown, 247 P.3d 466 (Wash. Ct. App. 2011). · cites it 9× “It found that RCW 26.09.140, which provides for a discretionary award of fees, was a more specific statute and thus controlled the fees and costs issue.”
In Re the Marriage of Williams, 927 P.2d 679 (Wash. Ct. App. 1996). · cites it 8× “An award of attorney fees under RCW 26.09.140 [4] is discretionary and is reviewed for abuse of discretion.”
In re the Marriage of Chandola, 180 Wash. 2d 632 (Wash. 2014). · cites it 4× “Neither Party Is Entitled to Attorney Fees or Costs ¶55 Both parties request attorney fees under RCW 26.09.140, which permits an appellate court to award costs and/or fees after “considering the financial resources of both parties.”
In Re Marriage of Muhammad, 108 P.3d 779 (Wash. 2005). · cites it 4× “Whether the trial court failed to properly consider the portion of Muhammad's pension that accrued during the parties' 20-month meretricious relationship that preceded their marriage.”
In re the Marriage of Muhammad, 153 Wash. 2d 795 (Wash. 2005). · cites it 4× “Whether Gilbert is entitled to attorney fees and costs pursuant to RCW 26.09.140. STANDARD OF REVIEW ¶11 A property division made during the dissolution of a marriage will be reversed on appeal only if there is a manifest abuse of discretion.”
In re the Marriage of Brown, 159 Wash. App. 931 (Wash. Ct. App. 2011). · cites it 8× “It found that RCW 26.09.140, which provides for a discretionary award of fees, was a more specific statute and thus controlled the fees and costs issue.”
McCausland v. McCausland, 118 P.3d 944 (Wash. Ct. App. 2005). · cites it 8× “¶ 7 We also determined that under the terms of the 2000 Agreement, only a party who successfully enforced the Agreement was entitled to attorney fees, and we directed the trial court to reconsider whether it should have awarded attorney fees to Angela under RCW 26.09.140 "based…”
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