Family Law Blog

Does Your Spouse Have to Pay for Your Divorce Lawyer?

Sunday, February 09, 2020

Typically when a divorce starts, your uncoupling starts formally. You need to start being financially independent and paying for your own expenses as an individual. However, after divorce, this can take awhile for some. This is particularly true if you have been out of the workforce or underemployed for awhile to take care of the family.

Finances

As there is the potential for a huge financial disparity between couples, it is possible to have one spouse responsible for paying legal fees on both sides to ease the strain.

If it can be proven that the legal fees for a lawyer will create an undue burden on one spouse, the courts may decide that the other party has to pay, at least in some part, the fees for both lawyers. When examining this, the courts will decide based on several factors, including:

  • The financial disparity between the parties
  • Assets of each spouse
  • Financial responsibilities of each spouse
  • An effort to find work

This means that if a CEO and a fast-food worker are splitting up, it would be easy for the courts, due to the huge income disparity between them, to tell the CEO that they need to cover both legal fees for the divorce.

Conclusion

It is also worth noting that the judge can also force payment of legal fees in bad conduct. This means if your spouse was beating you or has been trying to draw out the divorce to rack up high bills, the judge can decide to force you to pay the legal fees as a punitive measure.

Are you getting a divorce and need help navigating the complex area of divorce court or even child custody? Contact us today to see what the Law Office of Jamra & Jamra can do to help you navigate this difficult time in your life.