Peterman v. Peterman

The question in this case is whether the chancellor below was correct in ordering ROBERT L. PETERMAN (appellant) to pay VALERIE S. PETERMAN (appellee) for the professional services of her solicitor in connection with the proceedings before the court. The amount of the counsel fee is not an issue. 1

The power of a court of chancery to require the husband to pay the wife alimony and counsel fees rests fundamentally upon the existence of the marital relation. 2 So, when the marriage is dissolved by divorce, the former wife is not entitled to an allowance of counsel fees inci dent to further…