Can the Divorce Court Order Me to Pay My Spouse’s Legal Fees in Charles County, MD?

Yes. And, honestly, one spouse being ordered by a Maryland divorce court to pay the legal fees of the other spouse is not uncommon where the financial resources of the two spouses are widely divergent. That is, if one spouse has most of the financial resources, that spouse is often ordered to pay their spouse’s legal fees. On the other hand, when the spouses’ financial resources are somewhat similar, then Maryland divorce courts tend to NOT order payment of one spouse’s legal fees by the other.

Note that, when ordered, payment of legal fees is often ordered as an ongoing matter. That is, if ordered, often, the paying spouse will be ordered to pay legal fees each month or on some other regular basis. Of course, in other cases, payment of legal fees is reserved by the court until the court issues its final Order that terminates the marriage and resolves all divorce matters. If you want more information about how and why a Charles County, MD, divorce court might order payment of attorneys’ fees, contact the Maryland Family Law and Child Custody Lawyers at the Law Office of Robert Castro. Our number is (301) 870-1200 or use our contact page. We have offices in Waldorf, Maryland.

Why Would Payment of Attorneys’ Fees be Ordered?

In effect, payment of the other spouse’s attorneys’ fees is a form of alimony (or, maybe, child support). As noted, it is only when the financial resources of the spouses are wildly different that Maryland divorce courts will order payment of attorneys’ fees. This is one form of spousal support that a court can order while a divorce proceeding is pending. Likely, the court also ordered other forms of spousal support, like pendente lite alimony for the length of the divorce proceeding. When a Maryland divorce court orders payment of attorneys’ fees, that is certainly a strong “signal” from the court that it will be awarding some level of alimony as part of the final divorce settlement.

What Factors Does the Divorce Court Consider when Ordering Payment of Attorneys’ Fees?

At a high “meta” level, ordering payment of attorneys’ fees is about making sure that the spouses have a similar level of legal representation in the proceedings. Justice is denied where one party is not adequately represented. Thus, there is a judicial tendency that favors payment of attorneys’ fees for one spouse by the other.

More officially, as a type of alimony, Maryland divorce courts will evaluate various facts and factors unique to the couple to determine whether payment of attorneys’ fees is appropriate. These factors are set out in the Maryland divorce statute, Md. Family Law Code, Section 11-106. No factor is determinative, and the list is deemed non-exhaustive. The factors include:

• Financial needs of each party
• Financial resources of each party, including income and available assets
• Standard of living during the marriage
• Length of the marriage
• Contributions to the marriage
• Circumstances leading to the divorce
• Agreements between the parties, including any prenuptial or postnuptial agreements
• Age and health of each spouse
• Whether a spouse is able to be self-supporting without spousal support
• And more

Contact Waldorf, Maryland Family Law and Child Custody Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Family Law lawyers. Our address is 11701 Central Ave, Waldorf, MD, 20601.