Who Pays Attorney Fees in a Connecticut Divorce?

In the event of a divorce, each spouse typically hires their own attorney to help them navigate the legal side of things. However, sometimes one or both spouses may wonder who pays the attorney fees in a Connecticut divorce. Each spouse initially pays their own attorney fees, but in a Connecticut divorce, a spouse can be ordered to pay the other spouse’s lawyer if there are appropriate circumstances to support such an award.

Paying Attorney Fees

Initially, each person covers their own lawyer’s costs, bound by their agreement with the attorney for any fees billed. This general rule does not necessarily mean that each spouse ultimately bears the full cost of their own attorney fees.

In a Connecticut divorce, the court can award attorney fees under appropriate circumstances, and a spouse who does not have sufficient financial resources to participate in the case to the same extent as the other spouse can request these. This requires the other spouse to contribute to their spouse’s legal expenses.

While alimony, child support, and property settlements are distinct from attorney costs, a couple’s financial standing can nonetheless impact each of these divorce components.

According to the Judicial Branch, 72% of Connecticut divorce cases and 83% of all family matters resolved in 2024 involved at least one self-represented party. The statistic illustrates how often couples handle divorce without legal representation, which can make concerns regarding legal counsel and the capacity to cover legal costs especially crucial.

When a Court May Award Attorney Fees

Connecticut General Statutes § 46b-62 authorizes a court to award reasonable attorney fees in any family law case, including divorce, legal separation, annulment, and paternity cases, when the court deems it appropriate. The statute requires the court to consider the parties’ respective financial abilities to pay.

The statute does not state that a spouse with a higher income or more assets automatically pays the other spouse’s attorney fees. The judge may examine the financial situations of both individuals to determine if awarding fees is appropriate.

One reason for granting attorney fees is to allow the spouse who has less money to access competent legal representation. The judge also has the power to assess if the fees being asked for are reasonable and the specific situations that led to those expenses.

When to Hire a Divorce Lawyer

A divorce lawyer can determine your financial circumstances, whether a request for attorney fees may be warranted, and what motions or supporting information should be prepared. Furthermore, your legal representative is able to scrutinize the other spouse’s financial records and contest any false or partial accounts of their income, assets, or wealth.

A lawyer can present proof and speak to the court about whether the fees are fair and how well each person can afford them. A Connecticut divorce attorney can also negotiate an agreement to contribute to legal fees as part of an overall settlement when it makes sense to do so. Hire a divorce lawyer as soon as possible for the legal assistance you need.

Considerations in Paying Attorney Fees

The court can consider the financial circumstances of both spouses in determining whether to award attorney fees. This might involve looking at both spouses’ income, jobs, assets, debts, spending habits, and any cash on hand.

The court can also consider whether the fees sought are reasonable given the work performed and the issues involved in the case. The legal expenses incurred can be quite distinct in a divorce that’s complex, featuring business ties, significant assets, or substantial litigation, compared to a simple, uncontested one.

The conduct of a spouse during divorce can sometimes impact the financial issues before the court, but attorney fees are not automatically awarded as punishment for being a difficult or contentious divorcing spouse. That said, if a party’s conduct leads to a marked increase in the work involved, those elements can be taken into account by the court when evaluating whether or not to grant a spouse attorney fees.

Get to Know the Attorneys at Suisman Shapiro Attorneys-at-Law

Suisman Shapiro Attorneys-at-Law has served individuals and families in eastern Connecticut for more than 80 years.

The firm’s Connecticut family law lawyers handle divorce cases involving financial issues, property division, alimony, custody, and other matters that often require court intervention. With offices serving communities throughout the region, including its New London office, the team at Suisman Shapiro Attorneys-at-Law provides family law counsel for clients in both uncontested and contested divorce cases.

In southeastern Connecticut, the New London Judicial District and courthouse at 70 Huntington Street, New London, CT 06320, hears family cases, should yours require court intervention. Suisman Shapiro Attorneys-at-Law can represent you and help you understand what divorce laws apply to your case.

FAQs

How Much Does a Typical Divorce Cost in CT?

There is no typical cost for divorce in Connecticut. Each divorce cost varies, as these fees are contingent upon the unique facts of the case. However, simple, uncontested divorces are typically cheaper than those that are contested or have many more concerns to work through, such as multiple children, business ventures, and complex financial assets.

What Assets Cannot Be Touched in a Divorce?

In Connecticut, there are no blanket assets that cannot be touched in a divorce. Connecticut law allows judges to exercise discretion when dividing property, so even items that may have been considered belonging to only one spouse may be considered in property division determinations. Speak with an attorney and keep relevant documentation to help your case.

What Is a Wife Entitled to in a Divorce in Connecticut?

In Connecticut, a wife is not entitled to anything in particular over that of a husband. The courts look at the facts of the case, regardless of gender, to make fair and equitable determinations. Some things the courts may look at include each spouse’s income, contributions to the household, and earning potential.

Is Connecticut a 50/50 State in Divorce?

No, Connecticut is not a 50/50 state when it comes to divorce. Instead, Connecticut follows an equitable distribution rule. This means that courts look at the specifics of the divorce and aim to divide property based on what is fair, even if it is not an exact 50/50 split.

Understand Your Rights Today

If you are going through a divorce, know that you have legal rights. At Suisman Shapiro Attorneys-at-Law, we can inform you of those rights and advocate for them on your behalf. Contact us today to learn more.