Can You Seek Reimbursement for Legal Fees From Your Spouse if They Make Significantly More Money Than You?

When you and your spouse get divorce, each of you will probably require legal representation, and that can get expensive. When your spouse makes a lot more money than you, it’s possible to require help paying for those legal fees. You’ll have to establish financial position and need, so make sure you can prove that your income is much lower than your spouse’s. The division of legal fees and the decision about who pays them will likely be part of your divorce settlement. However, it’s possible that you’ll have to pay your attorney a retainer in order to get any legal proceedings started, so be diligent about saving invoices and receipts.

Once you establish your own financial need, you’ll have to demonstrate that your spouse does have the means to help with the legal costs of your divorce. Pay stubs, tax records and other documents will be required to prove the spouse’s ability to pay.

If you are worried about how you will pay for your family law representation, make sure it’s one of the first things you discuss with your lawyer. You can file for reimbursement for legal costs, but in many cases it’s hard to get, unless there is a clear and convincing gap in financial power between one spouse and the other. Still, it’s important to have the best counsel available during a divorce, especially if children are involved. You don’t want to go without sound representation just because you’re worried about money and how you’ll pay for it.

This post was written by David Hurvitz. Follow David on Google+.