Who Pays for a Divorce?

In most cases, spouses follow the American Rule for paying divorce attorney fees and court expenses. The rule states that each party has to pay his/her attorney’s fees if it is provided for in a contract or statute. In the following circumstances divorce attorney fees can be recovered from other party:

When the income disparity between the spouses is considerable.
When one party submits an application to the court for an award of legal fees, and the court directs the other party to bear the cost.

A court can order the award of attorney fees according to state laws. For example, Utah’s Code Section 30-3-3(1) allows the courts to order a spouse to pay attorney fees, either fully or partially. The same code section also specifies that if the spouse who has petitioned for award of attorney fees can take care of herself/himself by earning an income or by any other means, the award can be denied.

Here’s the breakdown of the circumstances in which a court can award legal fees to a spouse:

Income Disparity

When one spouse is the breadwinner and the other spouse a homemaker, or when one spouse is employed in a high-paying job (for example, a surgeon or a lawyer) and the other in a less high-paying job, the disparity in income is huge and the court is likely to order the “monied” spouse, or the spouse who has more control over the home finances, to pay the legal costs.

From our experience, huge income disparities occur in 2–3% of divorce cases filed in Utah. In these cases, the “monied” spouse is directed by the court to pay the other party’s attorney fees.

Application for Award of Legal Fees

Typically, a dependent spouse who is eligible for alimony or post-divorce support petitions for an award of attorney’s fees. In some cases, a spouse can petition for legal fees if the other spouse has deserted her/him, committed adultery or some other unjustified or cruel act.

If one party has applied for an award for recovery of legal costs, the court considers a variety of factors for calculating the legal fees that can be awarded, such as the petitioning spouse’s earning capacity (existing as well as future), the nature of the case and its complexity, the average fees charged by attorneys in similar cases, length of litigation, and the final outcome of the case.

In some cases, usually involving violations of a court order, the court orders the non-prevailing party to pay a good portion of the attorney’s fees of the prevailing party.

Awarding attorney fees is not an exact science. It depends on the facts and complexities of the case.

About the Author: Marco Brown

Marco C. Brown was named Utah’s Outstanding Family Law Lawyer of the Year in 2015. He graduated with distinction from the University of Nebraska College of Law in 2007 and is currently the managing partner of Brown Family Law, LLC.

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Maili Marsden

Nathaniel and his team were incredible to work with! They were extremely thorough, responsive to my questions and kept me informed the whole time. I would highly recommend Nathaniel or anyone at Brown Family Law if you’re going through a divorce.

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Rachell McConkie

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Carol Peacock

So grateful for Nathaniel and his paralegal Carren for helping me get thru my divorce, they were so professional, and kept in contact to update me twice weekly. I would highly recommend them.

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Would like to shoutout Andrew Christensen for a smooth and easy process throughout the divorcé process. Andrew was always quick to respond and definitely has your best interests In mind. I would highly recommend you let Andrew represent you for anything in regards to family law! Thank you for everything Andrew! You’re the best!!

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Had a zoom video consultation with Daniel today, he was amazing. Where the divorce was completed a few years ago and now modifications need to happen regarding custody and how far apart the parents can live, Daniel put us at ease as to what can be done, and what were the proper steps. He provided many example scenarios so we could have a much better understanding as to how things would or could happen. He answered each question with great detail. Very grateful for Daniel

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Daniel Young and Carren Levitt from Brown Family law have been very kind to me during my court process. It’s been a lengthy process and during this process, one of my grandchildren needed surgery. They were very thoughtful and kind and sent flowers to her. I have a cognitive delay, They have been very kind and compassionate and patient with me. The whole staff is truly been kind.

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Karl Bench

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very helpful to fathers who have been broke by the system and targeted for vaporization(1984). Thank you brown family law.

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Samantha Lachowsky

Nathaniel was my attorney and I couldn't ask for someone more attentive and level-headed than he is. They made my divorce process so much easier and were very patient with me as I navigated the entire process. Thank you Brown Family Law for all of your help!

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Used Nathaniel Garrabrandt for a child custody case. He is very good, very professional and available. Having been through this a few times that communication is very important. The only warning, and this isnt just Nate per se, but very very costly.

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I've witnessed firsthand how Brown Family Law works hard to care for their clients. They train their staff and attorneys on more than just the law, but how to serve clients with care and integrity.

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People Also Ask

Who Pays for a Divorce?

Income Disparity

Application for Award of Legal Fees

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