Attorney's fees


#1

My separation agreement said that the one in contempt would have to pay the attorney’s fees. My ex is in contempt and my attorney tells me that I probably won’t get attorney’s fees paid if I win. Is this true?


#2

Separation agreements do not address the issue of contempt, rather a breach on contract. If your spouse is in willful breach and you sue for breach of contract, you will be awarded attorney’s fees if you win, assuming the language in the separation agreement clearly specifies an award of attorney’s fees in the event of breach.