Which Spouse Pays for a Divorce in California?
We often hear this question from our clients when we start working together: who pays for a divorce in California? Is it the person who wants the divorce? The one who makes more money?
The answer is: it depends. While many people will argue that both sides should split divorce attorney fees evenly, it is not always that simple.
Divorce fees can be a source of contention, adding to an already difficult situation. They can also put financial strain on both parties.
However, it doesn’t have to be that way. If you have decided that it’s time to end your marriage, we can help you understand who pays divorce attorney fees in California.
What the Family Code Says
Family Code Section 2030 states that:
“When a request for attorney’s fees and costs is made, the court shall make findings on whether an award of attorney’s fees and costs under this section is appropriate, whether there is a disparity in access to funds to retain counsel, and whether one party is able to pay for legal representation of both parties. If the findings demonstrate disparity in access and ability to pay, the court shall make an order awarding attorney’s fees and costs.”
That means that one spouse may be required to pay the attorney fees of the other spouse. However, you cannot just ask a judge to make the other party pay. You will need to file an Income and Expense Declaration (FL-150) if you are seeking attorney fees.
You will also need to file a declaration that covers the following for each spouse:
- Income
- Assets
- Age and health
- Debts
- Earning capacity
- Duration of the marriage
If you have children together, a non-custodial parent who is better off financially may be ordered to pay the fees for both parties.
Can You Split a Divorce Evenly?
Some couples want to divide all the costs down the middle. You can use community funds, including a joint checking/savings account to pay your attorney fees. However, it is essential to keep track of all the community funds you use for any purpose related to your divorce.
California law states that any party who has utilized community assets must account to the other party about how those assets were used.
Keep in mind that the party who has more assets and/or income may be required to pay the attorney fees of the other party. So, don’t count on an even split until you have talked to your divorce lawyer.
Are you worried about your spouse taking your future assets during the divorce? Learn more about protecting your pension or retirement savings.
How to Make Your Divorce Less Stressful
It is likely that divorce will place a financial strain on both parties, not to mention an emotional one. With so many laws to follow, it can be nearly impossible to figure out who is obligated to pay for what.
Do not risk your financial future by attempting to DIY your divorce! You need an attorney who can understand your situation, identify your issues, and provide a beneficial and effective solution in as little time as possible.
That’s us! Contact us to learn more about how we can help.