Will My Ex Pay My Legal Fees During a Riverside Divorce?
Legal fees represent a common concern for divorcing spouses in Riverside – but will your ex pay these fees on your behalf? Depending on your circumstances, it may be easier to handle the cost of your divorce than you think – especially if you are emerging from a high-net-worth marriage.
Knez Law Group, LLP, is an established divorce law firm in Riverside, and their experienced divorce lawyers may be able to help you address this common question. Matthew J. Knez has considerable experience with family law in California, and he has served as a member of Law Review as an Associate Editor. Ask our Riverside divorce attorneys whether your ex might need to pay your legal fees.
Is There an Income Disparity Between You and Your Ex?
If you are wondering whether your ex will need to pay your legal fees during divorce, you should first consider a concept called “income disparity.” In simple terms, income disparity occurs when one spouse earns much more than the other during marriage.
The classic example is a stay-at-home parent or homemaker who handles domestic tasks while their spouse acts as the primary breadwinner. The homemaker’s income might effectively be zero, but the breadwinner’s income could number in the millions each year.
In this type of situation, the homemaker is likely entitled to half of the marital property. This often includes the income earned by a breadwinner during marriage. If this is the case, the breadwinner may stand to receive millions in the final divorce settlement.
According to California law, the dependent spouse in this situation may access certain marital funds to cover legal fees – even if the details of property division have not yet been hashed out. In the eyes of the family court, the spouse will eventually receive some of those funds anyway – so it makes sense to divert the money toward legal fees for both parties.
In other words: Yes, your ex may be required to pay your legal fees – but only if there was a significant income disparity during marriage. If you and your ex earned roughly the same amount during marriage, you may have to cover your own legal fees.
You May Be Eligible to Receive Temporary Spousal Support as Well
You may also be eligible to receive temporary spousal support (alimony) until your divorce becomes final. You can use these funds to cover your living expenses, and this could be crucial for stay-at-home parents or homemakers after an unexpected divorce. Speak to your divorce lawyer to learn more about financial support during the divorce process. Temporary spousal support is also possible after obtaining a restraining order.
Contact an Established Divorce Law Firm in Riverside
Although online research can help you get a sense of income disparities during the average high-net-worth divorce, an article cannot cater to your unique needs and circumstances. The only real way to determine whether your ex will need to pay your legal fees is to consult with an experienced divorce attorney. Call 951-742-7681 today to discuss your specific circumstances with divorce lawyers at Knez Law Group, LLP.
Matthew J. Knez graduated from the University of Redlands in California with a Bachelor of Arts degree in Creative Writing. He then pursued his law degree at the University of La Verne College of Law in Ontario, California, where he earned various awards, including the CALI Award in Torts, and was on the Dean’s List. During his time in law school, Mr. Knez was a member of the Justice and Immigration Clinic, working with individuals seeking asylum in the United States from countries where they faced persecution or threats of persecution. Additionally, he was an Associate Editor for the Law Review and published an article on California family custody move-away cases. Learn more here.