Divorce can become expensive, especially when one spouse has more financial resources than the other. Paying for legal representation may be difficult when you're already managing household bills, daily expenses, and other financial responsibilities.

So, can you make your spouse pay your divorce attorney fees in NJ?

Yes. New Jersey courts can order one spouse to contribute toward the other's legal expenses. However, the decision depends on each spouse's financial situation, conduct during the divorce, and the reasonableness of the requested fees.

Who Pays Attorney Fees in a New Jersey Divorce?

Generally, each spouse pays their own attorney fees. However, New Jersey law allows judges to order one spouse to cover some or all of the other's legal expenses when appropriate.

Under N.J.S.A. 2A:34-23, courts can award attorney fees in matrimonial matters after considering the parties' financial circumstances and conduct.

For example, if your spouse earns significantly more than you and has greater access to financial resources, you may request assistance with your legal expenses.

However, earning less does not automatically guarantee an award.

When Can a Judge Order Your Spouse to Pay Attorney Fees?

New Jersey Court Rule 5:3-5(c) outlines several factors judges consider when deciding attorney fee requests.

These include:

• Each spouse's financial circumstances.

• Their ability to pay their own legal expenses.

• Whether either spouse acted in good or bad faith.

• The total attorney fees incurred.

• Previous fee awards and payments.

• The results obtained during the case.

For example, refusing to provide financial documents or unnecessarily prolonging legal proceedings may increase the other spouse's legal expenses. A judge can consider such conduct when deciding whether to award fees.

However, disagreements between spouses do not automatically establish bad faith.

How to Request Attorney Fees During Divorce

You do not necessarily have to wait until your divorce is finalized to request financial assistance.

Depending on your circumstances, you may request temporary attorney fees while the case is ongoing or ask for an award during the final proceedings.

Your lawyer can help prepare the necessary court request and supporting financial information.

Useful documents may include:

• Recent pay stubs and tax returns.

• Bank and savings account statements.

• Monthly household expenses.

• Information about marital assets and debts.

• A completed Case Information Statement.

• Attorney invoices and payment records.

These records help the court understand your financial position and determine whether your spouse can reasonably contribute.

Can Your Spouse Be Ordered to Pay All Your Legal Fees?

A New Jersey judge may award full attorney fees, partial payment, or no contribution at all.

For example, if your legal expenses total $12,000, the court might order your spouse to contribute $5,000. You would remain responsible for the remaining balance.

The judge also considers whether the requested fees are reasonable based on the legal work performed and the complexity of the case.

What If Neither Spouse Can Afford Attorney Fees?

Sometimes, both spouses have limited financial resources. In these situations, the court evaluates what each person can realistically afford.

The division of marital assets may also affect each spouse's financial position during divorce.

You may also consider divorce mediation if both spouses are willing and mediation is appropriate. Reaching agreements outside court may help reduce legal expenses.

Discuss your financial concerns with your attorney before making decisions about legal representation or settlement.

Get Help With Divorce Attorney Fees in NJ

Worrying about attorney fees can make an already difficult divorce more stressful. Understanding your legal options can help you make informed financial decisions.

The Law Office of Jennifer J. McCaskill, LLC helps clients understand their rights and financial responsibilities during divorce proceedings.

Our Monmouth County divorce lawyers can review your circumstances and explain whether requesting attorney fee contributions may be appropriate.

Call 732-647-9256 or schedule a free case evaluation to discuss your situation.