- 11 - 1939); Ballard v. Caperton, 59 Ky. 412 (Ky. 1859); see also Zinsmeister v. Commissioner, T.C. Memo. 2000-364 (interpreting Minnesota law); Smith v. Commissioner, T.C. Memo. 1998-166 (interpreting Georgia law). But cf. Hogsett v. Hogsett, 409 S.W.2d 232 (Mo. Ct. App. 1966); Greer v. Greer, 130 P.2d 1050 (Colo. 1942). Courts upholding the viability of awards of attorney’s fees frequently focus on the public policy underlying the statutory provisions authorizing such awards; i.e., providing otherwise needy spouses with the means to retain counsel in divorce actions. See Stackhouse v. Stackhouse, supra at 726; Williams v. Williams, supra at 275-276. Such courts point out that a spouse’s access to counsel would be unduly restricted if counsel were required to bear the risk that his or her client might not survive until a final divorce decree is entered. On the other hand, courts holding that awards of attorney’s fees in divorce proceedings do not survive the death of a spouse merely seek to impose a bright line rule that such awards abate with the death of a spouse before the entry of a divorce decree. Considering Oklahoma case law, as well as the policy underlying awards of attorney’s fees in divorce actions, we conclude that the Supreme Court of Oklahoma would hold that petitioner would remain liable for the attorney’s fees that the State court awarded to Mrs. Berry in 1996 even if Mrs. Berry hadPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011