During this difficult time, we remain open and available for you. We can conduct all consultations remotely. Please don’t hesitate to call us if you have any questions! Please stay healthy and safe.

Framingham Family Law Attorneys
Schedule A Consultation 888.209.7080
Get Help From Your Spouse to Pay for Your Attorney's Retainer Fee

Get Help From Your Spouse to Pay for Your Attorney's Retainer Fee

Contested divorces can be very expensive propositions for both parties. Whether you are a plaintiff or a defendant in a divorce case, the probate and family court can order your spouse to pay a retainer fee for your attorney in your divorce case pursuant to Chapter 208 §17 of the M.G.L states.

This statute states:

“The court may require either party to pay into court for the use of the other party during the pendency of the action [for divorce] an amount to enable him to maintain or defend an action.”

How can you get help from your spouse for your attorney fees?

A retainer fee is payed in advance in order for an attorney to begin work on the case. The attorney normally uses this money to pay for the services he/ she provides and for legal costs and expenses (filing fees, etc.) Courts normally have awarded attorney’s fees to parties when there is a severe income gap between spouses, however if other circumstances arise the court will listen. As the case proceeds, the attorney may bill the client for the amount of work or legal fees that exceed the original retainer amount, if and/when the retainer runs out.

Typically, you will need to prove to the Court that you do not have enough money to pay the retainer fee for a lawyer and that your spouse does have enough money and/or assets to pay for the retainer. The court will ask you and your spouse to file financial statements, which lays out your income, assets, expenses, and other costs associated with everyday living. The Court will compare these two statements to determine whether or not your spouse is in a better position to pay for the fees that your attorney requires.

Get the Help You Deserve During Your Divorce

The concept of requiring a spouse to pay the others attorney fees stems from the theory that the playing field should be even in divorce litigation ad that both parties are entitled to a relatively equal opportunity to litigate important issues in an appropriate manner.

If you are the spouse that is in the “dark” on financial matters, you should consult with our Framingham divorce lawyers at Barach Law Group LLC to discuss seeking fees from your divorcing spouse.


Contact Barach Law Group LLC Today

We are dedicated to the highest quality of representation for all of our clients.
  • Please enter your first name.
  • Please enter your last name.
  • This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.