For the spouse who earns less, or who has not had access to the family finances, the cost of a lawyer can feel like a barrier to getting divorced at all. Virginia law recognizes the problem. A court can order one spouse to contribute to the other’s attorney fees – but it is discretionary, and it helps to understand how judges decide.
The Starting Point
The default in Virginia, as in most states, is that each side pays its own lawyer. Divorce is one of the areas where judges have clear authority to depart from that default when fairness calls for it.
Fees While the Case Is Pending
Under Virginia Code § 20-103, a judge can enter temporary orders while a divorce is pending, including an order that one spouse pay sums needed for the other to carry on the case. These requests are usually heard at a pendente lite hearing early on. The point is to keep one spouse from being outspent into a bad settlement.
Fees at the End of the Case
At the conclusion of a divorce, the court can award fees and costs based on the circumstances and equities of the whole case. Judges commonly weigh:
- The difference in the spouses’ incomes and resources.
- Whether one spouse made the case more expensive than it needed to be – hiding assets, ignoring discovery, or refusing reasonable offers.
- Whether the fees requested are reasonable for the work involved.
What Your Agreement Says
Many separation agreements include their own fee provisions, often requiring a spouse who breaches the agreement to pay the fees the other incurs enforcing it. Those clauses are contracts, and courts generally enforce them as written.
Plan as if You Will Pay Your Own
A fee award is never guaranteed, and partial awards are common. Build your budget around paying your own fees and treat any contribution as a recovery. Our overview of divorce lawyer costs in Virginia explains how fees are structured and how to control them.
Talk to a Divorce Lawyer in Roanoke or Salem, VA
Advocate Law, PLLC helps clients throughout Roanoke, Salem, and the surrounding valley with divorce, custody, and family law matters. Call (540) 343-9800 or contact us online to schedule a consultation.