In a divorce can the court make the other side pay my legal fees?

A big concern for many people facing divorce is the cost.  This is especially true for homemakers and stay at home moms whose husbands have been the primary money earners.  If you are in this situation, the good news is that it is possible to have your spouse pay for your divorce attorney. 

Whether you are the plaintiff or the defendant in the divorce, you can ask that the court order your spouse to pay your attorney’s fees.  Although the general rule is that each spouse is responsible for his or her own attorney’s fees, most courts across the country have the discretion to order various forms of equitable relief in divorce cases, including ordering one party to pay the legal fees of the other party.  In deciding whether to order one party to pay the attorney’s fees of the other party, the court may look at a variety of factors including: 

• The factors contributing to the breakdown of the marriage;
• The financial circumstances of each party;
• The earning capacity of each party; and
• Assets and liabilities of each spouse. 

Moreover, if one party has engaged in conduct meant to delay or prolong the divorce case, the court may order him or her to pay the other spouse’s attorney’s fees. 

It is also possible for the parties to agree that one spouse will pay the legal fees of the other spouse in the event of divorce.  Such an agreement may be part of a pre-nuptial or a post-nuptial agreement or may be part of a settlement agreement entered into incidental to the divorce case. 

If you have questions about attorney’s fees in a divorce case, you should contact a qualified divorce attorney in your area.