Can The Family Court Force Your Spouse To Help With Divorce Expenses?

Law Blog

Between attorney fees and court filing fees, a divorce can be expensive. The expenses are usually split between the spouses, but sometimes an alternate arrangement is needed. If you are having trouble with paying for your share of the expenses, here is what you need to know.  

Can You Get Alimony? 

If your spouse was the primary breadwinner for the family, there is a possibility that you could ask for alimony to help cover your divorce-related expenses. Contrary to misconceptions about alimony, you do not have to wait until the divorce is finalized to receive payments. Your attorney can file an order for temporary support.  

To receive the support, you will need to prove that your spouse was responsible for paying most of the bills. Once you file the petition, your spouse will have a chance to argue why he or she should not have to pay alimony. After hearing the arguments, the judge will decide whether or not he or she feels that you are entitled to receive payments.  

Is the Order Permanent? 

If the judge does order your spouse to provide you with support, it will likely be in the form of a temporary order. The order will remain in effect until the divorce is finalized or until a date specified by the judge.  

The order could serve as the framework for the permanent order if you will receive alimony from your spouse once the divorce is finalized.  

Can You Ask for Additional Funds in the Final Decree for the Attorney's Fees? 

As part of the divorce settlement, you can ask the judge to include financial help from your spouse to pay your attorney's fees. Whether or not the judge agrees to it depends on several factors, including your financial situation.  

If your disposable income is not enough to cover the cost of the attorney's fees, there is a chance that the judge could include an award to pay those fees. However, if the judge believes that you do have the income available, he or she could deny your request and you will need to find another way to cover your expenses.  

To increases the odds that you will receive financial help from your spouse to pay your attorney's fees and other divorce-related expenses, talk to a divorce attorney like those at Finocchio & English. He or she will review your case and file the petition with the court to get the process started.


28 June 2017

family law - impacting your life

Just as there are laws to protect us on the roads, there are laws to protect our families. Whether you are fighting for the right to see your children, or are in the beginning stages of a divorce, a lawyer can help. There are many laws and stipulations that can have a serious impact on the outcome of any family legal situation. Having a lawyer working at your side to get through a difficult time is the only way to ensure that your rights are fully protected. On this site, you will learn about some of the family laws that could be impacting your life today.