You Can’t Afford Not to Fight: Court Ordered Attorney Fees

I hired a respected divorce attorney. She was experienced, knowledgeable, and genuinely helpful. And she never mentioned this option to me.

I spent tens of thousands of dollars on a divorce I never wanted. Attorney fees. Court costs. A private investigator and digital forensics. Every dollar came out of what little remained of my parents’ inheritance, money that should have been my future. If I had known that a judge could have ordered my ex-husband to cover those costs, I would have pressed my attorney to pursue that option from day one. The divorce was his idea. Not mine.

 

What Is a Court Ordered Attorney Fee Award?

A court ordered attorney fee award is exactly what it sounds like. A judge orders one spouse to pay all or part of the other spouse’s legal costs. This can include attorney fees, court filing costs, and other expenses directly related to the divorce process.

Most people assume each spouse simply pays their own legal bills. That is actually called the “American Rule” and while it is the default in many cases, it is not the only option. Under the right circumstances a judge has the authority to shift those costs to the higher earning spouse.

When Can a Judge Order Your Spouse to Pay?

There are two primary situations where a court may order your spouse to cover your legal fees:

Income Disparity
If there is a significant difference in income between you and your spouse, a judge can order the higher earning spouse to help pay for your legal representation. This is specifically designed to level the playing field so that financial power does not determine the outcome of a divorce. Even if you have some money of your own, if your spouse earns significantly more, the court can still order them to contribute to your costs.

Bad Faith or Unnecessary Delays
If your spouse acts in bad faith during the divorce process, such as hiding assets, unnecessarily dragging out proceedings, or engaging in excessive litigation to drive up your costs, a judge may order them to pay your attorney fees as a consequence of that behavior.

Here Is What Most Women Do Not Know

You can make this request before you even hire an attorney. That is right. You do not have to already have legal representation to ask the court to order your spouse to fund it. You can petition the court at the very beginning of the process, before you have spent a single dollar on legal fees. And if your costs increase as the case progresses, your attorney can go back to the judge and request additional funds. This option exists specifically for women who are in an unequal financial position. It was designed for situations exactly like the ones I have described throughout this series.

How Do You Request It?

The process varies by state but here are the general steps:

 

• File a motion with the court requesting attorney fees and costs. Your attorney can do this on your behalf or in some cases you can file as a self represented party.
• Provide documentation of the income disparity between you and your spouse. Pay stubs, tax returns, and bank statements are typically used to demonstrate the financial difference.
• Document any bad faith behavior if that is part of your argument. Keep records of delays, missed deadlines, or any behavior that has unnecessarily increased the cost of the process.
• Ask early. The sooner you raise this issue the better. Waiting until the end of the process means you have already absorbed costs that could have been covered.

 

A Word of Honest Advice

Not every request is granted. A judge will consider multiple factors including the financial situation of both spouses, the reasonableness of the fees, and the conduct of both parties throughout the process. But here is the thing. You cannot get what you do not ask for. And most women never ask because they simply do not know this option exists.

Now you do.

If your spouse was the primary breadwinner, if the divorce was not your choice, if your spouse has hidden assets or dragged out the process unnecessarily, this option deserves a conversation with your attorney. Push for it. Ask directly. Do not assume your attorney will bring it up because as I learned firsthand, even good attorneys do not always mention every option available to you.

A divorce loan, an attorney payment plan, and now a court order requiring your spouse to fund your fight. Every post in this series exists to make sure you walk into this process knowing every option available to you. Stay with me because there is more to come.

If you are in a situation where you need guidance right now, please leave a note in the comment box below and I will respond personally. You do not have to figure this out alone.

God Bless You on this Journey.

KathieyV