In a divorce who is responsible for paying?

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In a divorce who is responsible for paying?

Is it the one who earns the most?

Asked on September 28, 2012 under Family Law, New York

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally, each party is responsible for their own attorney's fees.   However, there are times when the court will order one spouse to pay the attorney's fees of another.  This happens in cases where one spouse would suffer an extreme hardship.  It more frequently happens when one spouse must file mulitple motions to get the other spouse to comply with the divorce action.  Because the other spouse is driving up the costs, the court can order that spouse, as a penalty, to pay any attorney's fees associated with any enforcement or compliance motions.


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