Being Awarded the Costs of Divorce

The expense of divorce is one of the most dreaded parts of the process. Finances, overall, play a major part in most divorces. Of course, if your income is small, you could find yourself struggling. That is why there is sometimes the opportunity for you to be awarded the costs of divorce in a settlement. When the matter is addressed, the factors considered are usually each spouses’ ability to pay the fees and who is in greater need of assistance. 

When One Spouse Cannot Pay
There are plenty of cases in which one party claims that they are not financially able to pay for an attorney, while the other is able to pay not only for their own, but for both parties’ fees. Generally, the courts prefer to avoid situations in which one spouse is able to get what they want in a divorce because they are in a position to spend more. An attorney can inform the court prior to the end of the divorce what he or she plans to charge for the time spent and how much time has, or will be spent. Then, the court can decide how much in fees might be awarded to the spouse making the request.

For example, if one spouse remained at home, and cared for the children and the home during the marriage, while the second spouse was the source of their income and making enough to support the entire family, then the first spouse might not have the resources to hire her or his own lawyer. That spouse can explain the situation to an attorney, who can then file a motion in the petition for divorce that the second spouse-with the greater income-pay for all attorney fees within reason. That way, all representation is fair.

When There is Income Disparity

However, not all income disparities are enough reason for the court to grant the request that one spouse pay attorney fees. Nor are the differences in finances the only detail that courts consider when it comes to these requests. Just because one spouse makes more than the other does not mean that the one making less will qualify for assistance from the other. The court must agree that the disparity is significant enough to put one spouse in a negative financial position post-divorce, while the other remains largely unaffected.

If you’re concerned about being able to pay for an attorney, you should address this issue in your very first consultation. You can bring up the potential for requesting that your fees be paid by your spouse then, as well. Your attorney can spend some time informing you of the process for this request, as well as determine whether or not it suits your circumstances.

At Miller Law, we work to provide our clients with attorney services at affordable prices, without sacrificing the level of service. If you’re concerned about attorney fees for a divorce in Florida, come to us and let us advise you.