Hiring a divorce lawyer can seem like it’s out of reach when money is already tight. You still have to pay bills, daily expenses, and other fees. Meanwhile, your spouse may have a lot more money to spend on legal aid.
This raises an important question: Can I make my spouse pay my divorce attorney fees?
New Jersey courts can order one spouse to cover some or all of the other’s legal fees. But this doesn’t happen in every divorce. Judges look at each spouse’s finances, their conduct during the case, and the legal costs involved.
Here’s what you should know before asking your spouse to contribute.
Who Pays Attorney Fees in Divorce?
In most cases, each spouse pays their own lawyer. Still, New Jersey law allows courts to shift some of those costs when the facts support it.
Say your spouse earns a good salary while you work part-time and have little savings. Paying for a lawyer could leave you struggling to cover basic expenses.
You may have grounds to ask the court for help.
However, earning less than your spouse doesn’t automatically qualify you for an award. The judge needs to understand what each of you can afford.
When NJ Courts Award Attorney Fees
New Jersey courts have the authority to award legal fees under N.J.S.A. 2A:34-23.
The law allows judges to consider each spouse’s financial situation when deciding whether to award fees.
New Jersey Court Rule 5:3-5(c) also outlines factors courts must review. These include financial circumstances, good or bad faith, prior fee awards, and the results of the case.
Two issues often carry particular weight.
Your Finances and Ability to Pay
A judge looks at more than your paycheck.
Your savings, property, obligations, and your normal outgoings show you what you can afford.
You could earn $50,000 a year, but really have a lot of expenses for housing and childcare. That difference could support your request.
The court will also consider whether your spouse has enough funds to help with your legal bills.
Your Spouse’s Conduct During Divorce
The way your spouse handles the case can affect legal costs.
Suppose your spouse refuses to provide bank statements despite repeated requests. Your lawyer may have to spend extra time getting those records.
That means more legal work, and more bills.
This activity may be considered by a judge in determining whether to award attorney fees.
Other examples include not following court instructions or filing motions for no good reason.
Of course, a disagreement alone doesn’t prove bad faith. The court must consider the circumstances behind each person’s actions.
How Income Affects Divorce Attorney Fees
Income differences matter, but they don’t tell the whole story.
Imagine your spouse earns $160,000 annually while you earn $35,000. You may have trouble paying for legal help and your everyday bills.
That void may be considered by the court in determining your request.
But what if you have a good chunk of change or other funds to spare as well?
Those resources could affect the judge’s decision.
The court looks at your overall financial position rather than relying on salary figures alone.
Requesting Attorney Fees During Divorce
You don’t necessarily have to wait until your divorce is final to ask for help.
Depending on your circumstances, you may request legal fees while the case is pending or near its conclusion.
Getting Help Before the Case Ends
Some spouses have little access to marital funds.
For instance, your spouse may control the main bank accounts while you rely on a small monthly income.
Financial assistance may be necessary to engage a lawyer or to cooperate with them.
Your lawyer might approach the court for an interim fee award.
The judge will consider your financial status and the ability of your husband or wife to pay when making the judgment.
Seeking Fees during Final Judgment
You can also request attorney fees in the ultimate divorce action.
The court will look at the conduct of each spouse, the legal work performed at the time, and the costs incurred.
The judge may order one spouse to pay part or all of the other’s reasonable legal fees.
How to Request Payment From Your Spouse
If you’re asking, can I make my spouse pay for my divorce lawyer, you’ll need to show why an award is appropriate.
Your lawyer can help you prepare a formal request for the court.
Financial Records That Matter
Your court may require documentation of your income, expenses, and funds available.
These can include:
- Recent pay and tax records.
- Bank statements; savings records.
- Information about the home, its debts, and its expenses each month.
- A Case Information Statement, completed.
- Records of attorney invoices and payments.
- Records documenting behavior that contributed to excess litigation expenses.
Your attorney may also submit a certification describing the legal work performed and the fees requested.
Good records help the judge see what you’ve spent and why you’re seeking help.
Full and Partial Attorney Fee Awards
You may also wonder, can my spouse be ordered to pay my attorney fees in full?
It’s possible, but you shouldn’t count on it.
A judge can award the full amount, part of the amount, or nothing at all.
Suppose you’ve spent $14,000 on legal services. After reviewing the case, the court might order your spouse to contribute $5,000.
You would remain responsible for the balance.
The judge also has to take into account if the fees are reasonable. It could be how long it takes, how hard it is, the amount of work that has to be done, or a combination of these.
When Both Partners Have Restricted Funds
This is because, at times, there may be little money remaining after the bills and debts are paid by both partners.
That can make requests for legal fees more difficult.
A judge still looks at the finances of both individuals. But the court can’t merely assume a spouse has money to help out because the other spouse needs support.
If legal costs concern you, discuss payment options with your attorney early.
Mediation may also reduce some expenses when both spouses can work toward an agreement.
Who Pays for a Divorce Lawyer in NJ?
So, who pays for a divorce lawyer in NJ?
Typically, each spouse pays his or her own attorney fees. But New Jersey courts can require a spouse to contribute if the situation warrants.
The court determines divorce attorney fees in New Jersey based on financial means, fair legal costs, and behavior during the proceedings.
If you cannot afford a lawyer, it’s worth learning whether you can request financial help.
Get Help With Divorce Attorney Fees in NJ
Worrying about legal bills can make an already difficult divorce feel even harder.
At The Law Office of Jennifer J. McCaskill, LLC, we help clients understand their rights and financial options during divorce and separation.
Our Monmouth County divorce lawyers can review your situation and explain whether requesting attorney fees may be appropriate.
Call 732-647-9256 to request your free case evaluation.