Will my Spouse Pay my Attorney Fees During a Divorce?

Many divorce attorneys will cost anywhere between $150 to $400 an hour, which is why spouses may have concerns about how they will afford their attorney. One of the most prevalent issues in the midst of a divorce is one or both sides claiming that they do not have enough money, which can be made worse by the fact that divorce can be expensive. In some cases, one or both spouses’ word and lives will be investigated because they are not being truthful, which can lead to an attorney charging more. Depending on your situation, you may wonder if your spouse can be ordered to pay your attorney fees.

What the Income Gap Means

When there is a large income gap between spouses, the court may order one spouse to contribute to the attorney fees of the other. The higher-earning spouse will have to either cover all or just some of the lower-earning spouse’s fees. In California, they see this as a way to level the playing field because one spouse making more money and having to pay is considered necessary and fair. However, in some situations, there is no income gap and both spouses are either making too little or the same. In this situation, how the court will proceed depends on the state. In families where there are two incomes, it is becoming more rare for judges to see one spouse paying the other’s attorney fees.

Disruptions During Divorce

When one or both spouses behave badly toward one another, it prolongs the divorce process and causes stress for everyone. This could include filing repeated motions for trivial matters, refusing to comply with court orders, and failing to appear. If this type of behavior occurs, attorney fees will become higher. A judge may see this conduct as punishable and then order the badly-behaved spouse to pay the other’s fees.

If you believe that you are involved in a situation where the other spouse should be paying your attorney fees, you can call us today. We can assess your case and speak to you about what you should expect as well as answer all of your questions.