How does a marital settlement agreement impact an award of attorney’s fees?
A marital settlement agreement is subject to the interpretation of the court as any other contract. The court does not possess the authority to rewrite a valid marital settlement.
If one party agrees to pay for attorney’s fees and costs in an agreement, they should only be obligated to pay the fees the court determines are reasonable and necessary to the divorce proceedings. The courts have often ordered a party who has not met the provisions of a marital agreement to pay the other party’s attorney’s fees incurred from enforcing the terms of the settlement.