A frequent question in divorce is whether you can make an ex-spouse pay for your divorce attorney. Family law attorneys Alan Plevy and Kyung (Kathryn) Dickerson say the answer isn’t always clear cut.
Who typically pays for the divorce attorney?
Laws differ from state to state, but in Virginia, the cost of divorce is most commonly paid by each litigant. This doesn’t mean the topic can’t be discussed, negotiated, or requested of the court, but the typical rule of thumb is you each pay for your own attorney. That said, it isn’t entirely uncommon for the spouse with more money or assets to pay some or most of their ex’s bill.
It’s important to note that in the Commonwealth of Virginia, couples can get divorced in trial court, or by agreement of both parties. While it’s still a legal process, an uncontested divorce is the only way for a couple to stay out of the divorce courtroom and obtain control of the divorce process. An uncontested divorce means that the couple came to a mutual agreement to resolve their differences. In order to file for an uncontested divorce, the division of real estate and personal property must be resolved. Therefore, the practicality of asking your spouse to pay for your divorce attorney depends on whether there was an agreement to do so.
What are a few circumstances where a spouse may have to pay the other’s divorce fees in Virginia?
- If one spouse is proven to be completely or largely blamed for the divorce
- If a spouse violated the terms of the divorce agreement
- If a child is wrongfully removed from the state agreed upon in the custody agreement
- If a spouse purposefully estimates inaccurate value of assets
- If the noncustodial parent did not pay child support with intent
Can I make my spouse pay for my divorce attorney in Virginia?
Unless there is a legitimate, court ordered reason for reimbursement or payment of legal fees, you cannot force your spouse to pay your divorce attorney fees and vice-versa. While divorce can be extremely stressful financially, it is important to be as prepared as possible.
If you need assistance navigating the divorce process, please contact Alan Plevy at abplevy@smolenplevy.com or Kyung (Kathryn) Dickerson at kndickerson@smolenplevy.com.
About the Authors
Alan Plevy
Alan Plevy is a recognized force in family law, mediation and litigation, with more than 40 years as one of the most experienced divorce lawyers in Virginia. Mr. Plevy is known for being a tenacious litigator and negotiator who is zealously devoted to his clients. A top legal publication, Virginia Lawyer Weekly, noted Mr. Plevy’s impact on the law when it named two cases he litigated among its Top Five Landmark Family Law Cases in Virginia. Those two cases, which date back to the 1980s, are still regularly cited by attorneys and courts.
Kyung (Kathryn) Dickerson
Kyung (Kathryn) Dickerson is a principal at SmolenPlevy in Vienna, Virginia. She is a graduate of the University of Virginia and George Mason University School of Law, where she served on the Board of Editors for the Journal of International Legal Studies. Ms. Dickerson is also presently General Counsel for the Asian Pacific American Bar Association of Virginia and has served as President of the organization and on its Board of Directors. She has also served on the Board of Directors of the Virginia Women Attorneys Association and served as its President. She has served on numerous committees of the Fairfax Bar Association and as President of its Young Lawyers Section and as Co-Chair of the Revenue Development Committee.
