…for attorneys fees, that is
Getting an ex to pay fully for your attorney fees is the ultimate fantasy of anyone going through a sour divorce. There are many vague anecdotes about friends of distant friends who know someone who was awarded full attorney fee coverage by the court at the expense of their spouse, but the truth is, while it is possible, it’s probably not likely.
Typically, each party pays their own attorney fees, and though there are some exceptions, whether or not your spouse pays for you is left up to the discretion of the judge presiding over your case.
Under Section 2030-234 of California Family Code, in a divorce proceeding, a party may be required to pay for the attorney fees of the other party if it would be “appropriate, whether there is a disparity in access to funds to retain counsel, and whether one party is able to pay for legal representation of both parties.”
In one such case, because of disparity in income, the wife was awarded full coverage of her attorney fees at the expense of her ex-husband. However, he went on to appeal the award citing child support and spousal support rendered the disparity insignificant, and was not required to pay.
If you would like to try your chances anyway, be mindful of a few things a judge would take into consideration when deciding whether or not to order your attorney fees paid. The first, already mentioned consideration is disparity in income.
Another important consideration is behavior. In the infamous Marriage of Davenport case, the wife attempted to win money for attorney fees, but was rejected and due of the shark-like behavior of her attorney, the judge ordered her to pay her husband’s attorney fees. In many of the divorce cases that one party has been awarded full coverage of attorney fees at the expense of the other, bad behavior is present and even sometimes is a deciding factor.
For those who are simply looking to save money in the divorce process, if you pay alimony, you may be awarded tax deductions on the alimony payments. Additionally, you can attack the process strategically in many ways, such as by consulting a certified financial divorce analyst to make sure you don’t spend any more money than is necessary.
However, your best option may still be consulting a seasoned lawyer who works efficiently and knows exactly what to do in order to ensure you get as much out of your divorce as you deserve.
