Can I Recoup Legal Costs for the Divorce?
Nov. 26, 2024
As an attorney with decades of experience in New Jersey family law, one of the most common questions I hear from clients going through a divorce is whether they can recoup their legal costs.
In New Jersey, under certain circumstances, it’s possible to request that the other party cover some or all of your legal costs. However, whether or not the court will grant this request depends on a variety of factors.
I’ll walk you through the key considerations for recouping legal costs in a New Jersey divorce, explain how courts typically approach this issue, and highlight why having experienced legal representation from Schwartz, Hanna, Olsen & Taus, P.C. is crucial.
Legal Fees in New Jersey Divorces
In any divorce, legal fees can add up quickly, especially if the case is contested or involves challenging issues like child custody, alimony, or the division of assets. Here’s what you should know about the associated costs:
Varied costs: Legal fees can vary significantly depending on whether the divorce is contested or uncontested, as more intricate cases involving disputes over child custody, property division, or alimony will require more legal work and higher fees.
Possibility of fee awards: New Jersey courts may order one spouse to pay part or all of the other spouse’s legal fees, especially when there’s a significant financial disparity between the parties or if one spouse has acted in bad faith during the proceedings.
Temporary and final fee awards: Courts can grant temporary (pendente lite) fee awards to assist with legal costs during the divorce process, as well as final fee awards at the conclusion of the case.
Reasonableness of fees: Legal fees must be reasonable and necessary; if the fees are considered excessive or unnecessary, the court is less likely to order reimbursement.
Impact of behavior: Courts may consider each spouse's behavior during the divorce, including any actions that prolonged or complicated the process, when deciding whether to award legal fees.
Factors the Court Considers
In New Jersey, when determining whether to award attorney’s fees in a divorce case, the court will consider several factors. First and foremost, the court will look at the financial circumstances of both parties.
If there’s a significant disparity in income or assets between the spouses, the court may decide that the wealthier spouse should cover some or all of the other spouse’s legal expenses to verify that both parties can afford competent legal representation.
Additionally, the court will examine the reasonableness and necessity of the legal fees incurred. If the legal costs are deemed excessive or unnecessary, the court is less likely to order reimbursement.
The court will also consider whether either party acted in bad faith or caused unnecessary delays during the divorce process, which could result in that party being ordered to cover the other’s legal costs.
Good Faith and Bad Faith in Divorce Proceedings
One of the most important factors in determining whether legal fees will be awarded is the conduct of the parties during the divorce proceedings.
If one spouse engages in bad faith tactics—such as refusing to provide necessary financial documents, filing frivolous motions, or unnecessarily prolonging the family law case—the court may penalize them by requiring them to cover the other spouse’s legal costs.
Conversely, if both parties are cooperating and acting in good faith, the court may be less inclined to shift the burden of legal fees. The court’s goal is to promote fairness and avoid rewarding behavior that increases the cost and challenges of the divorce.
The Role of Need and Ability to Pay
In deciding whether to award attorney’s fees, New Jersey family law courts also consider the need of the spouse requesting the fees and the ability to pay of the spouse being asked to cover those costs.
For example, if one spouse is a stay-at-home parent with limited income and the other spouse is a high-earning professional, the court is more likely to order the higher-earning spouse to contribute to the legal costs.
That being said, the court must be convinced that the legal fees being requested are reasonable. If the requesting spouse has unnecessarily increased the cost of the divorce through their own actions, the court may be less likely to grant their request for legal fees.
Temporary and Final Awards of Legal Fees
Legal fees in a New Jersey divorce case can be awarded on both a temporary and final basis. Temporary awards, also known as pendente lite awards, are given while the divorce is still ongoing.
These awards are intended to help the spouse with fewer resources afford legal representation during the process. The court may revisit and adjust these awards as the case progresses.
Final awards of legal fees are determined at the conclusion of the divorce and are typically based on the outcome of the family law case, the financial circumstances of each party, and the overall conduct of the parties throughout the divorce proceedings.
How to Request Legal Fees
If you believe you’re entitled to have your legal fees covered by your spouse, it’s important to formally request this relief from the court. This is typically done by doing the following:
File a motion: To request legal fees, your attorney will need to file a formal motion with the court during the divorce proceedings, outlining why you should be awarded fees.
Provide financial documentation: You must present documentation showing the legal fees incurred, including a detailed breakdown of services and associated costs.
Demonstrate financial disparity: The motion should highlight any significant financial differences between you and your spouse, showing why it would be fair for the other party to cover your legal fees.
Show necessity and reasonableness: Confirm that the legal fees requested are reasonable and necessary, as the court will assess whether the costs are justified based on the details of the case.
Consider the other party’s conduct: If the opposing spouse acted in bad faith or unnecessarily prolonged the divorce, this can strengthen your request for legal fees.
Your attorney will also need to provide documentation of the legal fees incurred, including a breakdown of services provided and the associated costs. The court will carefully review this information before making a decision.
The Importance of Experienced Legal Representation
When seeking to recover legal fees in a New Jersey divorce, having an experienced attorney on your side is critical. Your attorney will not only advocate for your financial interests but also make sure that your request for fees is well-supported with the necessary documentation and legal arguments.
Without experienced legal guidance, you may miss important opportunities to recover fees, or you may struggle to work through the intricate legal standards that apply.
Additionally, an experienced attorney can help prevent your legal costs from spiraling out of control. By handling the case efficiently and strategically, your lawyer can help you avoid unnecessary expenses, which can be critical when seeking to recoup legal fees later.
When Legal Fees Are Less Likely to Be Awarded
While New Jersey courts do have the authority to order one spouse to pay the other’s legal fees, it’s important to understand that these awards aren’t guaranteed. In cases where both spouses have similar financial resources or where the legal fees are seen as excessive, the court may decide that each party should cover their own costs.
Additionally, if the spouse requesting legal fees has engaged in obstructive or unreasonable behavior during the divorce proceedings, the court may be less inclined to grant their request. Ultimately, the decision to award legal fees is at the discretion of the judge, based on the specific circumstances of each case.
Alternatives to Seeking Legal Fees
In some cases, spouses may be able to negotiate the payment of legal fees as part of a divorce settlement. Rather than leaving the decision to the court, the spouses can agree that one party will cover a portion of the other’s legal costs. This can be a useful strategy for avoiding prolonged litigation and controlling costs.
It’s also worth considering other cost-effective approaches to divorce, such as mediation or collaborative divorce, which can significantly reduce legal expenses. However, these options may not be appropriate in cases where there are significant disputes or power imbalances between the spouses.
Turn to a Dedicated Family Law Firm
If you’re facing a divorce case in New Jersey, I’m here to lend my 80 years of legal experience. I proudly serve clients throughout Metuchen, Middlesex, Somerset, Morris, Essex, Passaic, Bergen, Sussex, and Hunterdon Counties. Reach out to Schwartz, Hanna, Olsen & Taus P.C. today to get the guidance and support your family law case requires.