Legal Definitions - suit money

Suit money refers to funds that a court orders one party in a legal case to pay to another party, specifically to cover their attorney's fees and other court-related expenses. This award is typically made to ensure that both parties have a fair opportunity to pursue or defend their case, especially when there is a significant difference in their financial resources. While historically associated with a husband paying a wife's legal costs in divorce, it now generally applies to situations where a financially stronger party is required to assist a financially weaker party with their legal expenses, allowing them access to legal representation.

• Example 1: Divorce Proceedings

  Sarah and Mark are getting divorced. Mark is a high-earning executive, while Sarah has been a stay-at-home parent for many years with no independent income. Sarah needs legal representation to ensure a fair division of assets and spousal support, but she lacks the funds to hire an attorney.

  The court might order Mark to pay "suit money" to Sarah. This ensures Sarah can afford her own lawyer, allowing her to effectively participate in the legal process and protect her interests, preventing her from being at a disadvantage due to her financial situation compared to Mark.

• Example 2: Post-Divorce Child Support Modification

  Years after their divorce, David, who has primary custody of their children, seeks to modify the child support order because his ex-spouse, Lisa, has received a substantial inheritance and a significant promotion. David's income has remained stable, and he struggles to afford the legal fees to pursue the modification.

  A judge could award "suit money" from Lisa to David. This would enable David to hire an attorney to present his case for increased child support, ensuring the children's needs are met and that David isn't prevented from seeking a fair adjustment due to his financial limitations compared to Lisa's improved circumstances.

• Example 3: Annulment Case

  Emily seeks an annulment of her brief marriage to Robert, claiming it was based on fraud. Robert, who has significant assets, is contesting the annulment. Emily has limited savings and cannot afford the legal fees required to prove her case.

  To ensure Emily has a fair chance to present her arguments and evidence for the annulment, a court might order Robert to pay "suit money." This financial assistance would cover Emily's attorney's fees and court costs, allowing her to pursue her legal claim without being financially overwhelmed by Robert's superior resources.