When couples decide to separate, they’re not always on equal footing from a financial standpoint and in many cases, one spouse earns significantly less income than the other. The disparity in incomes may result in one spouse securing competent legal counsel, while the other spouse is unable to hire a competent attorney.
It’s tough enough establishing your independence and transitioning from married life with two incomes, to having just one income. In cases where one spouse has a significant financial need and where the other spouse has a significant financial ability, the court may award attorney’s fees and court costs to be paid by the one who earns significantly more income. This type of temporary relief can be requested by filing a motion and proving to the court that you have a significant financial need and cannot afford your legal fees, or the courts costs required in your divorce case. You will also have to prove the other spouse earns significant more income and has an unfair financial advantage.
Both spouses are entitled to obtain competent legal counsel and reduce or eliminate any harm he or she may suffer as a result of the other spouse’s financial advantage in securing legal counsel.