Can I Get Attorney’s Fees from My Spouse?
When you’re involved in a divorce or family-law dispute, the question often arises: can I force my spouse to pay my attorney’s fees? The short answer is sometimes, it depends on the facts, the financial disparity between parties, and the court’s discretion. In New Jersey, there are legal tools that enable one spouse to request fee shifting under specific circumstances.
What’s the General Rule in New Jersey?
Under the American Rule, each party ordinarily pays its own attorney fees, unless there is a statute, contract, or court rule authorizing a different outcome. In most divorces or family matters, the starting assumption is that each spouse bears their legal costs.
However, New Jersey law does permit courts to depart from that rule in family cases, including divorce, child custody, support, equitable distribution, and enforcement actions. Courts may award or order payment of attorney’s fees either during the proceeding (pendente lite) or at final disposition.
When Can a Spouse Be Ordered to Pay My Attorney’s Fees?
1. Financial Disparities & “Less-Monied” Spouse
If one spouse has substantially fewer resources or income, a court may find it “reasonable and just” for the wealthier spouse to contribute to or pay the attorney fees of the less-monied spouse. Under statute N.J.S.A. 2A:34-23, courts consider whether the circumstances justify fee shifting.
2. Good Faith and Reasonableness of Positions
The court will examine whether each party has acted reasonably and in good faith. If a spouse has forced the litigation to drag on, persisted in untenable positions, or otherwise created unnecessary legal burdens, these behaviors may justify an award of fees.
3. Bad Faith Conduct or Misconduct
When one spouse hides assets, violates court orders, files baseless motions, delays discovery, or otherwise abuses the process, courts are more likely to penalize that party by ordering them to pay the other side’s attorney’s fees.
4. Enforcement and Post-Judgment Actions
Even after a divorce is finalized, one spouse may petition for attorney fees in enforcement or modification proceedings. If the opposing party is causing costly litigation or resisting court orders, the court can award fees.
What Factors Do Courts Use?
When deciding whether to shift fees, New Jersey courts look to Court Rule 5:3-5(c) and apply several key factors:
- The financial circumstances of both parties
- Each party’s ability to pay
- The nature and amount of the fees incurred
- The reasonableness of the legal positions advanced
- Whether fees were previously awarded
- Whether the work was necessary to enforce orders or compel discovery
- Any other fairness or equity considerations
Importantly, awarding fees does not mean that every dollar requested will be granted — courts must ensure that the costs are reasonable and proportionate.
If you’re facing a contentious divorce, enforcement proceeding, or post-judgment dispute and are concerned about legal fees, you don’t have to go it alone. At Fiore Law Group, our experienced family law attorneys analyze your financial circumstances and litigation strategy to help you seek a fair outcome, including pursuing attorney’s fee awards when justified. Contact us today to schedule your consultation and explore whether your spouse can be ordered to cover your legal expenses.