Can I Have My Spouse Pay My Legal Fees?
In many divorces, one party may ask if they can have their spouse pay for their legal fees that may arise during the proceedings. In some cases, the answer is yes, but this is not necessarily the norm. The judge will have to take in the many factors that apply here and determine whether they will either deny or approve this request. Legal fees during divorces are generally apportioned to the party that makes the most money unless there are other reasons to determine who is responsible for legal fees. If you are looking for your spouse to pay your legal fees, you must have a good reason for that request and then that spouse could be ordered by the court to pay your legal fees.
One of the reasons that may come about is that a judge might approve your request to have your spouse pay for your legal fees. If one spouse makes significantly more income than the other spouse, the person who makes more might have to pay legal fees for both parties in order to create a level playing field in the divorce. The judge may rule that it is unfair for one party to have a better attorney than the other spouse because they can afford one and the other person cannot. If one spouse is paying the legal fees for themselves and the spouse they are getting divorced from, it makes it so they will both have the opportunity to have an attorney of equal quality.
If you feel that you cannot afford the same quality of an attorney as your spouse, it might be a good option to request from your judge that your spouse pays your legal fees. If you have any further questions about this matter, seek counsel from an experienced attorney at our firm.
The Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and all of New Jersey that would be happy to assist you in legal counsel. If you need quality legal services, contact the firm for a consultation.