Effective: April 27, 2005
Latest Legislation: House Bill 36 - 125th General Assembly
(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.
Structure Ohio Revised Code
Title 31 | Domestic Relations-Children
Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage
Section 3105.01 | Divorce Causes.
Section 3105.011 | Jurisdiction Over Domestic Relations Matters.
Section 3105.02 | Prohibited Acts.
Section 3105.04 | Residence of Spouse.
Section 3105.06 | Notice of Pendency of Action by Publication When Residence Unknown.
Section 3105.08 | Converting Divorce Action Into Dissolution Action.
Section 3105.091 | Conciliation Procedures.
Section 3105.10 | Judgment - Separation Agreement.
Section 3105.12 | Proof of Marriage.
Section 3105.16 | Restoring Name Before Marriage.
Section 3105.17 | Complaint for Divorce or Legal Separation.
Section 3105.171 | Equitable Division of Marital and Separate Property - Distributive Award.
Section 3105.18 | Awarding Spousal Support - Modification of Spousal Support.
Section 3105.21 | Order for Disposition, Care and Maintenance of Children.
Section 3105.31 | Causes for Annulment.
Section 3105.32 | When Action for Annulment Must Be Commenced and by What Parties.
Section 3105.34 | Restoring Name Before Marriage.
Section 3105.41 | Definitions for Sections 3105.41 to 3105.54.
Section 3105.42 | Laws Applicable to Collaborative Family Law Participation Agreement.
Section 3105.43 | Collaborative Family Law Participation Agreements; Mandatory Inclusions.
Section 3105.44 | Collaborative Family Law Process.
Section 3105.45 | Representation by Collaborative Family Lawyer.
Section 3105.46 | Informal Disclosure of Information.
Section 3105.47 | Applicability of Professional Responsibility Provisions.
Section 3105.48 | Confidentiality of Communications.
Section 3105.49 | Privileged Communications.
Section 3105.50 | Waiver of Privileges.
Section 3105.51 | Communications Not Subject to Privilege.
Section 3105.52 | Effect of Finding of Intent to Make an Agreement.
Section 3105.53 | Electronic Signatures.
Section 3105.54 | Short Title.
Section 3105.61 | Jurisdiction.
Section 3105.62 | Residency Requirement.
Section 3105.63 | Separation Agreement Provisions.
Section 3105.64 | Time of Court Appearance After Filing Petition.
Section 3105.65 | Power of Court.
Section 3105.73 | Award of Attorney's Fees and Litigation Expenses - Factors Considered - Payment.
Section 3105.80 | Property Division Orders Involving Public Retirement Program Definitions.
Section 3105.81 | Order for Equitable Division of Property to Require Compliance With Provisions.
Section 3105.82 | Requirements of Order.
Section 3105.821 | Monthly Benefit.
Section 3105.83 | Commencing Payments.
Section 3105.84 | Defraying Administrative Costs.
Section 3105.85 | Limit on Withholding.
Section 3105.86 | Terminating Alternate Payee Rights.
Section 3105.87 | Disclosing Participant's Personal History Record.
Section 3105.88 | Transmitting Order to Retirement Program.
Section 3105.89 | Court Retains Jurisdiction - Modification of Orders.