Appellate decision · Washington · Family finance · Family procedure · Child support
Washington allows fees beyond parenting work despite a prenuptial fee waiver
A prenuptial agreement required each spouse to pay their own lawyer. The Court of Appeals held that a judge could still award fees for work beyond the parenting issues in their divorce.
Published November 6, 2026 · Reviewed by David Martino
When Mark and Francisca Wondrack divorced, they disputed parenting arrangements and child support. Their prenuptial agreement said each would bear their own attorney fees. The trial court awarded Francisca fees for work on child-related issues. Her request raised the question whether the judge could also award fees for other work in the divorce.
Division III of the Washington Court of Appeals held that the judge had that discretion under RCW 26.09.140. The majority reasoned that limiting fees to time spent on parenting issues could leave a financially disadvantaged parent unable to participate fully in a case affecting the child. The judge must still weigh financial need, the other spouse’s ability to pay, and whether the fees are reasonable.
The court sent the case back without deciding whether the two interim fee awards were proper. A concurring judge agreed with the remand but favored a narrower rule for interim fees while the parties disputed the agreement’s validity.