In Cooke v. Cooke, 5 VLW 1195 (Va. Ct. App., 5/21/91) a trial court's refusal to award an immensely wealthy wife any of her attorney's fees was reversed. The Virginia Court of Appeals found it important that the wife was attempting to enforce her child's right to support, rather than her own right to alimony. The trial court, the Court of Appeals explained, had no right to deny a wife attorney's fees on the ground that she was absurdly rich. While her ability to retain counsel is certainly a factor, the Court says, it is an abuse of discretion to base denial of fees solely on that factor.
In Poliquin v. Poliquin, 406 S.E. 2d 401, 6 VLW 71 (6/18/91), the Court of Appeals apparently held that the husband's adultery causing the divorce was a permissible factor to take into account in setting counsel fees. As for fees awarded for work on the litigation in another state, the award was reversed, but only because counsel did not fully document how much of this work was necessary to the Virginia litigation.