Divorce often raises tough questions, and money tops the list. One of the most pressing concerns is, “Who pays in a divorce?” From attorney fees to property division, understanding how financial responsibilities are determined can help you prepare for the process ahead.
Can Your Ex-Spouse Be Made to Pay for Your Divorce Costs in Texas?
One common question many people ask when starting the divorce process is, “Can my ex-spouse be ordered to pay for my attorney’s fees?” This concern arises for a variety of reasons. Maybe you didn’t want the divorce in the first place. Perhaps your spouse’s actions—such as infidelity—led to the breakup, and you feel it’s only fair that they shoulder the financial burden of the legal process. Whatever the situation, the idea of your soon-to-be ex covering your legal fees might sound appealing.
But divorce is about more than splitting attorney costs. The financial aspects can be wide-ranging, including property division, spousal support, and child-related expenses. Understanding these factors will help you better prepare for what lies ahead.
How Texas Divorce Laws Shape Financial Responsibilities
Texas is a community property state, which means property acquired during the marriage belongs equally to both spouses. This rule applies regardless of who earned the money or whose name appears on the title. For instance, if you bought a car during your marriage, it’s considered community property even if the loan is in your name.
However, there are exceptions. Property owned before marriage, gifts, and inheritances typically remain separate property. If you believe certain assets fall into this category, you’ll need to prove it with clear evidence. This legal framework significantly impacts how finances are managed during divorce, including attorney fees and property division.
Community Property and Divorce: Who Pays for What?
In Texas, the division of community property doesn’t automatically favour the higher-earning spouse. Instead, both parties start with an equal claim. For example, even if you earned most of the income during the marriage, your spouse could still receive a significant portion of the assets. This principle can come as a surprise to those who assume they’ll keep the majority of their earnings or property.
Judges consider various factors when deciding property division. If your spouse has limited education or hasn’t worked in years, they may receive more than 50% of the community estate. The goal is to ensure financial fairness, particularly for spouses who might need extra support to rebuild their lives after the divorce.
Spousal Support: Could You Be Ordered to Pay?
Spousal support, or alimony, can become a factor in divorces where one spouse is financially dependent on the other. In Texas, this support takes two main forms:
Spousal Maintenance
This court-ordered support is available under specific circumstances, such as when:
- The marriage lasted at least ten years.
- The spouse seeking support lacks the ability to earn enough for basic needs.
- Family violence occurred during the marriage.
Judges typically limit spousal maintenance to a few years, depending on the marriage’s length. Additionally, the amount is capped at 20% of the paying spouse’s monthly income.
Contractual Alimony
Unlike spousal maintenance, this type of support is agreed upon between the spouses during mediation. It provides flexibility but is less enforceable than court-ordered maintenance.
If your spouse hasn’t worked in years or needs time to gain financial independence, spousal support might be part of the divorce agreement. However, courts prefer to encourage self-sufficiency, so long-term awards are rare.
Will You Have to Pay Your Spouse’s Attorney Fees?
In some cases, one spouse may be ordered to pay the other’s legal fees. This often happens when there’s a significant income disparity between the parties. For instance, if your spouse can’t afford an attorney, they might request that the court order you to cover their legal costs.
Courts assess the family’s overall financial situation before making such decisions. If the income gap is minimal or both parties have comparable financial resources, it’s unlikely that you’ll be required to pay your spouse’s attorney fees. However, if the court finds it necessary to ensure fairness, you could be responsible for those costs.
Key Financial Considerations During Divorce
Divorce involves more than just legal fees. Below are some financial elements you should prepare for:
Property Division
Community property laws mean both spouses share equal ownership of assets acquired during the marriage. If you believe certain items are your separate property, gather evidence to support your claim.
Child Support
The higher-earning spouse often pays child support, especially when the other spouse has primary custody. Texas uses specific guidelines to calculate payments, based on the paying parent’s income and the number of children involved.
Future Earnings
Your potential to earn income can affect how assets and support payments are divided. If you have a stable, high-paying job, the court may consider that when deciding property division or spousal support.
Managing Emotions in the Divorce Process
Divorce often stirs strong emotions, but experts advise treating it as a business transaction. Focusing on practical matters—like finances and future planning—helps make the process more manageable. Remember, the court’s goal is not to assign blame for the marriage’s failure but to ensure fairness for both parties.
While you may feel upset or resentful, staying level-headed will improve your chances of achieving a favourable outcome. Work closely with your attorney to present clear evidence and advocate for your interests.
How Legal Representation Impacts Divorce Costs
Hiring an experienced family law attorney can significantly affect the financial aspects of your divorce. Skilled lawyers understand how to navigate Texas’s community property laws and can help you achieve the best possible outcome. While legal fees might seem daunting, they’re often a worthwhile investment in protecting your financial future.
If cost is a concern, discuss payment options with your attorney. Some law firms offer flexible payment plans or reduced rates based on financial need. Additionally, ask your lawyer about strategies to minimise unnecessary expenses during the process.
The Importance of Professional Guidance
Divorce laws in Texas can be complex, especially when financial matters are involved. Consulting with an experienced attorney ensures you understand your rights and obligations. They can help you address issues like property division, spousal support, and attorney fees, making the process smoother and less stressful.
If you have questions about your specific situation, schedule a consultation with a reputable family law attorney. They can provide personalised advice and guide you through the next steps.
Other Related Articles:
- How Long Do I Have To Pay Spousal Support?
- Can Alimony Be Modified in Texas? Everything You Need to Know About Spousal Support Adjustments
- What will a Texas family court look for when determining spousal support?
- Can I Get Spousal Support?
- Temporary Spousal Support, Alimony and Contractual Maintenance in Texas Divorce Cases
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
