Attorney’s fees are a critical issue in Utah family law cases, particularly in divorce proceedings. Courts have the discretion to award attorney’s fees to ensure both parties have a fair opportunity to litigate. However, as the recent Utah Court of Appeals decision in Krajeski v. Krajeski, 2025 UT App 19, illustrates, courts must adhere to specific legal standards when granting such awards.
Legal Standard for Attorney’s Fees in Utah Divorce Cases
Under Utah law, a court may order one party to pay the other party’s attorney’s fees if doing so is necessary to enable the recipient spouse to prosecute or defend the action. The key factors in determining an award of attorney’s fees are:
- Financial Need of the Receiving Spouse
- Ability of the Paying Spouse to Cover the Fees
- Reasonableness of the Fees Requested
These factors must be established through evidence presented to the court. The burden of proof rests on the party requesting the award.
Krajeski v. Krajeski: A Case Study in Attorney’s Fees
In Krajeski v. Krajeski, the district court awarded the wife, Tami, $50,000 in attorney’s fees before trial. However, the court indicated that the fees might need to be repaid depending on whether she had the ability to pay or whether the disputed assets were deemed marital. Later, the court determined that the assets in question were marital and ruled that Tami did not have to repay the attorney’s fees.
The Utah Court of Appeals found that the district court’s reasoning was flawed because it applied an incorrect legal standard. The appellate court emphasized that an award of attorney’s fees in a divorce case must be based strictly on the receiving spouse’s financial need and the paying spouse’s ability to pay—not on whether marital assets exist. By treating the attorney’s fees award as contingent on a prevailing-party analysis, the district court erred in its approach.
Key Takeaways for Utah Family Law Cases
- Evidence is Essential – The party requesting attorney’s fees must provide detailed financial information demonstrating need, including income, expenses, and property ownership.
- Ability to Pay Matters – Courts must evaluate whether the paying spouse has the financial means to cover the fees.
- Marital Asset Status is Not Determinative – The decision to award attorney’s fees should not hinge on whether an asset is classified as marital or separate.
- Pre-Trial Awards Must Follow the Same Standard – Even when fees are granted before trial, they should still be grounded in financial need and ability to pay.
Implications for Future Cases
The Krajeski ruling serves as a cautionary reminder that Utah courts must adhere to established legal principles when awarding attorney’s fees in divorce cases. For those involved in family law disputes, understanding these rules can help ensure fair and appropriate fee awards.
If you are facing a divorce or family law matter in Utah and have questions about attorney’s fees, contact Ellsworth Law Firm. We can help you navigate the complexities of family law litigation and advocate for your rights.
