Do I Have To Pay For My Spouse’s Lawyer In a Divorce?

Filing for divorce has its own rules and requirements that are a must. The first step towards filing a case is to hire an experienced lawyer who will take your case forward. Both the husband and a wife are required to hire a separate lawyer who will fight the case in their favor. Have you filed a divorce case, and is your partner demanding their lawyer fee from you? Here is whether or not you are bound to do that.

Paying For the Spouse’s Lawyer

When a divorce case is filed, a lawyer has to be hired by both individuals to take the case forward. Hiring a divorce lawyer in Houston requires a fee. The fee amount varies from lawyer to lawyer. However, it is not the husband’s duty to pay for his wife’s lawyer.

There are certain circumstances under which the court can ask the husband to do so. These circumstances vary from state to state, but if so has to be done, the wife is asked to present valid reasoning and solid proof of why she is requesting the lawyer fee from her husband. Here are the conditions under which the husband has to pay the attorney fee for his wife:

Improper Income and Complications

At times, out of a personal grudge or hatred, the husband makes the entire case into a complication. He sometimes presents a false income certificate with a low income so that he does not have to divide the property and is not asked to support his spouse financially. All of this can be troublesome and may require an extra fee from the wife to the attorney.

In this case, the court may just help and offer to pay the fee to help out the wife. Another factor that can lead to the husband having to pay the fee is if the woman is a housewife and raises children at home and the husband earns. In this case, the wife cannot afford a lawyer. Due to this reason, the court might ask the husband to pay his spouse’s lawyer fee.

Property Access

The title speaks for most of what we are trying to talk about here. It is a very obvious fact, and quite everyone knows that when a divorce occurs, the property and assets are distributed equally between the wife and the husband. This happens as a very important aspect of a divorce.

This is also why the court can request the husband to pay the attorney fee for his wife, considering it as an advanced share from whatever part of the property will be given to the wife. While this is being done, the judge first-handedly keeps a record of the property and asset share that the wife will get. However, if the wife owns the property and has a personal source of income, the husband will not be bound to pay the fee on her behalf, and the wife will pay it by herself.


There is no way a wife can force the husband into paying her lawyer fees until and unless the law court orders to do so under valid circumstances. For the wife to state reasoning under the above-given circumstances, she must possess valid proofs to support her reasoning for demanding the fee.



Jeff Campbell

Jeff Campbell is a father, martial artist, budget-master, Disney-addict, musician, and recovering foodie having spent over 2 decades as a leader for Whole Foods Market. Click to learn more about me

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