Attorney Fees

Last reviewed November 3, 2026

In Minnesota family law, the starting rule is that each party pays their own lawyer. The legislature has nonetheless created several exceptions that allow a court to shift some or all attorney fees to the other party. This article reviews the principal fee statutes and the standards courts apply. It is part of the site’s guide to divorce.

The General Rule

Absent a statute or agreement providing otherwise, each party bears the cost of their own representation. In a divorce, those fees are often paid from marital funds. Where one spouse draws more from marital assets to pay fees, the property division may account for the difference.

Fee Awards Under Minn. Stat. § 518.14

The main fee statute in dissolution, custody, and support cases is Minn. Stat. § 518.14. It authorizes two distinct kinds of awards.

Need-Based Fees

Under subdivision 1, the court shall award fees needed to enable a party to carry on or contest the proceeding, if it finds all three of the following:

1. the fees are necessary for the good-faith assertion of the party’s rights and will not unnecessarily add to the length and expense of the case;
2. the party from whom fees are sought has the means to pay them; and
3. the party seeking fees does not.

Need-based awards are most common when one party earns substantially more or controls most of the liquid assets.

Conduct-Based Fees

Under subdivision 1a, the court may award fees against a party who unreasonably contributes to the length or expense of the proceeding. Since a 2024 amendment, the subdivision also reaches a party whose unreasonable failure to comply with an order forces the other party to seek enforcement. That can include fees incurred before a motion is filed.

The Court of Appeals has held that conduct-based fees do not depend on the payer’s ability to pay, and that bad faith is not required. It has also held that the district court must state whether an award rests on need, conduct, or both. See Geske v. Marcolina, 624 N.W.2d 813 (Minn. App. 2001).

Timing

Fees under § 518.14 may be awarded at any point in the proceeding, including a custody modification under § 518.18 or a support modification under § 518A.39. An award also survives the end of the case and may be enforced if unpaid.

Other Fee Provisions

Several other statutes and rules permit fee awards in particular situations:

• Frivolous filings. Minn. Stat. § 549.211 allows sanctions, which may include fees, for papers presented for an improper purpose or without legal basis.
• Parenting-time interference. Under Minn. Stat. § 518.175, subd. 6, when a parent repeatedly and intentionally denies or interferes with court-ordered parenting time, the court must require reimbursement of costs and award reasonable attorney fees, subject to the statute’s conditions.
• Support judgments. Minn. Stat. § 518A.735 allows recovery of collection costs and fees to enforce a docketed child support judgment. The arrears must be at least $500 and at least 90 days past due, and the fees are capped at 30 percent of the arrears.
• Interstate support. Minn. Stat. § 518C.313 permits fees against an obligor when the obligee prevails.
• Interstate custody. Minn. Stat. § 518D.312 requires fees for a prevailing party in custody enforcement unless clearly inappropriate. Section 518D.208 addresses unjustifiable conduct.
• Late motion papers. Under Minn. Gen. R. Prac. 303.03(b), the court may award fees when a party fails to serve and file motion papers on time.

Practical Considerations

A fee award is never automatic. The requesting party must identify a legal basis and support the request with evidence of the fees incurred and, for need-based fees, of each party’s finances. Meanwhile, the client remains responsible to their own lawyer regardless of whether the court shifts fees later. A fee request is often made as part of a motion or at trial.