Who Covers My Legal Fees in a New Jersey Divorce?

Divorce

One of your biggest concerns when you’re facing a divorce in New Jersey is how much it’ll cost and whether you’ll be able to afford your legal representation. In this state, there are cases when you can petition the court to reallocate some of your legal fees to your spouse.

Key Takeaways:

• In New Jersey, each party in a divorce is generally responsible for their own legal costs. This principle is straightforward, but it isn’t set in stone.
• A judge can order one spouse to cover some of the other’s legal costs when there’s a large financial gap between the spouses or when one spouse acts in bad faith.
• Attorneys help gather the assets and information needed to file a motion with the court to request coverage of a portion of your legal fees.

If you’re facing a divorce in New Jersey and aren’t sure how you’re going to cover the legal fees, that’s a very real concern. Many people assume each spouse is responsible for paying their own legal fees throughout a divorce. However, in New Jersey, this isn’t always the case. 

Factors such as significant income disparities or misconduct during the marriage can influence how the court allocates legal fees. Learn more as we explore the general rule for legal fees in a New Jersey divorce, the specific circumstances under which a judge might require one spouse to cover the other’s attorney fees, and the steps involved in making such a request.

What’s the General Rule for Attorney Fees in New Jersey?

In New Jersey, the general rule is that each party in a divorce is responsible for their own legal costs. This principle is straightforward, but it isn’t absolute. The law provides several important exceptions to address situations where one spouse is at a financial disadvantage or when one spouse’s actions unfairly increase the cost of the divorce.

Many spouses also use shared marital funds to pay their respective attorney retainers and initial fees. This allows both parties to retain their own legal representation at the beginning of the case. However, as the divorce proceeds, the court may reallocate responsibility for these fees based on fairness and the specific circumstances.

When Can a Judge Order One Spouse to Pay?

A New Jersey judge has the discretion to order one spouse to contribute to or completely cover the other’s attorney fees. This is most common in two specific situations: when there’s a large financial gap between the spouses or when one spouse acts in bad faith.

1. Significant Financial Disparity

When one spouse is financially dependent on the other or earns significantly less income, the court may order the higher-earning spouse to pay some or all of the other’s legal fees. 

This is permitted under New Jersey law, N.J.S.A. 2A:34-23, which allows a court to award legal fees that are “reasonable and just” based on the financial circumstances of both parties. The purpose of this is to level the playing field. 

The court recognizes that both spouses should have access to proper legal representation, regardless of their individual financial situations. An award of attorney fees helps prevent a wealthier spouse from using their financial advantage to overwhelm the other party in litigation, promoting a fairer outcome.

2. Bad Faith Actions

A court may also shift the cost of legal fees if one spouse acts in “bad faith.” In the context of a divorce, bad faith refers to conduct that’s dishonest, obstructive, or intended to unnecessarily prolong the legal process. This can include hiding assets, disobeying court orders, making false accusations against the other spouse, or filing frivolous motions to drive up legal costs.

If a spouse’s bad faith actions cause the other party to incur additional legal fees, a judge can order the misbehaving spouse to pay those costs as a consequence. For example, if one spouse hides financial assets and the other spouse’s attorney must spend time and resources to uncover them, the court may require the deceptive spouse to pay for the associated legal work. 

Similarly, if a party willfully violates a court order and the other party must file a motion to enforce it, the judge can award attorney’s fees to the compliant spouse. This holds both spouses accountable for their actions and discourages behavior that undermines the integrity of the legal process.

What Factors Does the Court Consider?

When deciding whether to award attorney fees, a judge in New Jersey doesn’t do so lightly. They evaluate several factors to determine what’s fair and reasonable in each unique case. 

These factors include:

• Your financial situation: The court will carefully examine each spouse’s income, assets, and overall financial circumstances.
• The amount of your legal fees: The judge will review the total requested legal fees to determine whether they’re reasonable for the work performed.
• The reasonableness of both spouses’ legal positions: The court considers whether the legal arguments and positions taken by each party throughout the case were reasonable and justified.
• Ability to pay: The judge assesses each spouse’s capacity to pay their own legal fees and, if applicable, to contribute to the other spouse’s legal fees.
• Your previous fee awards: The court will also consider any prior orders for attorney fees made during the case.

One of the biggest factors a judge will consider is each spouse’s good faith during the litigation. Parties who’ve acted honestly and reasonably are viewed more favorably than those who’ve engaged in bad-faith tactics.

How Do I Ask the Court for Attorney Fees?

Here’s an important thing for you to know: An award of attorney fees isn’t automatic. You must formally request it from the court. 

The request for attorney fees is typically filed as a legal document called a motion. The motion must explain why you’re requesting fees and provide evidence to support your claim, such as financial statements and a detailed breakdown of your legal costs. Your attorney will be able to help you file this request. 

This is a point in the process where having a knowledgeable divorce attorney is beneficial. An attorney can prepare and file the motion correctly, gather the necessary financial evidence, and create an argument to present to the judge on your behalf. They understand what the court needs to see to make a favorable decision and can present your case effectively.

What About the Alimony Reform Law?

New Jersey’s Alimony Reform Law reinforces the court’s ability to award attorney fees. The law explicitly states that if you’re the lower-earning or financially dependent spouse, you can ask the court to have your soon-to-be ex-spouse pay your legal costs. 

This can include requiring them to cover all or part of your attorney’s fees, including your initial retainer, which is an advance payment required by an attorney before they begin working on your case.

The law directs the court to consider each spouse’s finances, the amount of fees requested, the parties’ conduct during the litigation, their ability to pay, and any prior fee awards. This ensures that not having access to financial resources doesn’t prevent a person from getting fair legal representation in a divorce.

Protect Your Financial Future Today

Figuring out who pays for legal fees is a common concern in a divorce. While the general rule is that each person pays their own way, New Jersey law provides clear exceptions to promote fairness. Whether due to a significant income gap or one party’s bad behavior, judges have the power to shift legal costs to one spouse.

If you’re concerned about affording legal representation for your divorce, it’s important to understand your rights. An experienced family law attorney at Smedley Law Group, P.C. will work with you to understand your options and, if appropriate, file a motion to have your spouse contribute to your legal fees. Taking this step can help you secure the representation you need to protect your interests and work toward a fair resolution.

Contact the Experienced Family Law Attorneys at Smedley Law Group, P.C. in West Deptford, NJ 

If you’re facing divorce, you’ll also most likely be dealing with another matter like child custody, child support, or division of assets. Speak to an experienced family law attorney as soon as possible to understand your rights, legal options, costs, and realistic outcomes for you and your family.

We understand how challenging this time can be for you, so we’ll fight hard to protect your interests and those of your loved ones throughout the legal process. Call us at (856) 251-0800 or fill out our confidential contact form to schedule a consultation. Our office is conveniently located at 750 Cooper Street, Woodbury, NJ 08096.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you’re seeking legal advice, please contact our law firm directly.