Can the Court Order Your Spouse to Pay Your Attorney Fees in SC?

Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026

Yes, a South Carolina family court can order one spouse to pay part or all of the other spouse’s attorney fees and costs. It is not automatic. The judge looks at each spouse’s finances and other factors set out in South Carolina case law, and any award must be reasonable.

Where the Power Comes From

Two parts of the divorce statutes address fees. S.C. Code § 20-3-120 lets either spouse ask for “suit money,” including suit money pendente lite (while the case is pending). If the claim appears well-founded, the court shall allow a reasonable sum.

Section 20-3-130(H) adds that the court, after considering the financial resources and marital fault of both parties, may order one party to pay the other a reasonable amount for attorney fees, expert fees, investigation fees, costs and suit money. That can cover work done before the case began and after judgment, both temporarily and permanently.

“Suit money” is an older term for funds a spouse needs to bring or defend the case, such as fees, filing costs and expert costs.

Step One: Should Fees Be Awarded? The Glasscock Factors

In Glasscock v. Glasscock, 304 S.C. 158 (1991), the South Carolina Supreme Court identified factors for deciding whether to award fees:

1. Each party’s ability to pay their own fees
2. Beneficial results obtained by the attorney
3. The parties’ respective financial conditions
4. The effect of the fee on each party’s standard of living

Ability to pay and relative finances often carry real weight. For example, a spouse who stayed home with children for years and has little income may have a stronger argument than a spouse with similar earnings. “Beneficial results” looks at how the requesting spouse did on the issues in the case. A spouse who was largely unsuccessful may find it harder to get fees, though the court weighs all the factors together.

Step Two: How Much Is Reasonable? The E.D.M. Factors

If the court decides an award is appropriate, it then decides a reasonable amount. E.D.M. v. T.A.M., 307 S.C. 471 (1992), lists factors for reasonableness:

• The nature, extent and difficulty of the case
• The time necessarily devoted to the case
• The professional standing of counsel
• Contingency of compensation
• Beneficial results obtained
• Customary legal fees for similar services

The court does not simply approve whatever was billed. It can reduce the request if work was unnecessary, duplicated or not tied to the issues. The order should explain how the judge applied the factors.

Temporary Fee Awards

A spouse who cannot afford to pay an attorney at the start of a case can ask for suit money at the temporary hearing. A temporary award can help level the playing field when one spouse controls most of the money.

Under Family Court Rule 21, temporary hearings are generally decided on paper. Fee affidavits and financial declarations do not count toward the affidavit page limits, but they still need to be accurate and complete. Our guide to the South Carolina financial declaration explains what that form covers.

A temporary award is not final. The judge can revisit fees at the end of the case, after seeing how the issues were resolved and how each side conducted the litigation.

If you plan to request temporary fees, gather proof of your income, your monthly expenses, any retainer you have paid or been quoted, and the accounts your spouse controls. That picture of the two households’ finances is what the Glasscock factors focus on.

The Fee Affidavit

A fee request is usually supported by an affidavit from the attorney. It commonly includes:

• The attorney’s background and the hourly rates charged
• A description of the work performed, often with itemized time records
• Costs such as filing fees, service, depositions and expert witness charges
• A discussion of the Glasscock and E.D.M. factors

The other side can challenge entries it thinks are unreasonable. Clients can help by keeping their own invoices organized and by asking questions about any entry they do not understand.

Conduct That Can Affect Fees

How each spouse behaves during the case can make a difference. Courts may consider whether one party’s conduct needlessly increased the cost of litigation. Behavior that can drive up fees includes:

• Refusing to produce documents in discovery until a motion to compel is filed
• Hiding assets or income
• Filing repeated motions without good reason
• Ignoring court orders, which can result in contempt proceedings
• Taking positions with no reasonable basis

Marital fault is also listed in § 20-3-130(H) as something the court considers. If you are concerned that your spouse is making the case more expensive than it needs to be, keep track of the specific events.

Ways to Keep Your Own Fees Down

An award may cover only part of your fees, or none at all, so it is worth managing costs from the start:

1. Organize your documents early. Our list of financial records you will need is a good start.
2. Group your questions into one email or call instead of many.
3. Respond promptly to requests from your attorney.
4. Consider settlement on issues where the cost of fighting exceeds what is at stake. Mediation is required in most contested cases and can narrow the issues.
5. Focus on what matters most to you and your children.

Our article on the cost of divorce in South Carolina discusses the factors that drive cost.

Fees in Enforcement and Contempt Actions

Fee questions do not end with the decree. If a former spouse ignores a court order, the court may require the violating party to pay the fees the other spouse incurred to enforce it. See what to do when your ex ignores the divorce decree.

For other money and support topics, return to the South Carolina Divorce Guide.

Frequently Asked Questions

Will my spouse have to pay my attorney fees?

Possibly. The court may order a contribution after weighing each spouse’s ability to pay, financial condition, the results obtained and the effect on each spouse’s standard of living.

Can I get help with fees before the case ends?

Yes. You can ask for suit money pendente lite at the temporary hearing under S.C. Code § 20-3-120.

Does the court have to award the full amount I paid?

No. Any award must be reasonable, and the court can reduce a request based on the E.D.M. factors, such as the time necessarily spent and the difficulty of the case.

Can fees include expert and investigator costs?

Yes. S.C. Code § 20-3-130(H) allows the court to award attorney fees, expert fees, investigation fees, costs and suit money.

Does my spouse’s bad behavior in the case matter?

It can. Courts may consider conduct that needlessly increased the cost of the case, and the statute also refers to marital fault.

Sources

• S.C. Code Title 20, Chapter 3 (§§ 20-3-120, 20-3-130)
• South Carolina Court Rules (Family Court Rule 21)