Can I get my spouse to pay my attorney's fees in a divorce?

We’re going over when your spouse might be required to pay your attorney's fees. This is a question that comes up quite commonly, and it is an area of law that we have handled hundreds of times here at Triangle Smart Divorce.



There are 2 ways to get your spouse to pay your lawyers' fees.

1️⃣Your spouse agrees to pay for your lawyer.

2️⃣ The Court orders your spouse or your ex-spouse to pay your lawyer.



There are also 3 areas of family law where attorney’s fees are in play.

1️⃣ You might be able to get some of your attorney’s fees paid for if you are the spouse getting alimony or child support.

2️⃣ You may be able to get attorney’s fees paid for by your spouse in a custody case.

3️⃣ In a competent case, or a motion to compel case, the Court is punishing somebody because they haven't done what they're supposed to do. That punishment could include paying for attorney's fees.



What about the amount of attorney's fees? 🔽🔽🔽🔽

The court has the authority to order your spouse to pay for reasonable attorney's fees. Judges have to look at the services provided, the worth of those services, the scope and the complexity of the case, and the time, the skill and the labor expended by the attorney, and then compare of your attorney's rate to other comparable attorneys in the area. The Judge can also look at whether or not the other side increased those attorney's fees doing nonsensical things.

❗❗This is important to note. You don’t just get attorney’s fees for filing the case. You have to win, too. Do not file just because you assume your spouse is going to have to pay for it!

This area of the law is confusing and very facts-specific. If you have any questions about whether your spouse might be required to pay your attorney’s fees, give us a call. We'll be happy to talk to you about the underlying claims that you may have and whether or not it's possible that your spouse could be ordered to pay your attorney's fees.

We are located in Cary, North Carolina, but we work in all the surrounding cities, including Raleigh, Chapel Hill, Morrisville, Apex, Wake Forest, Durham, and more!

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