Are you considering divorce in Colorado Springs but wondering which spouse pays for the legal proceedings? This is a common concern for many couples facing the end of their marriage, especially when children are involved.
At Perkins Law, we understand the emotional and financial stress you’re experiencing. In this article, we will take a close look at what determines your financial responsibility in divorce.
How Colorado Law Addresses Divorce Costs
In Colorado, the question of which spouse pays for divorce isn’t always straightforward. Generally, each party is responsible for their own legal fees and costs. But, there are exceptions to this rule. El Paso County family court has the discretion to order one spouse to pay for some or all of the other spouse’s legal expenses.
Several factors can influence which spouse pays for divorce in Colorado:
- Income disparity between spouses
- Access to marital assets
- Behavior during the divorce proceedings
- Overall financial situation of each party
- Child custody arrangements
If there’s a significant income difference between you and your spouse, the court may order the higher-earning spouse to contribute to the other’s legal fees. This is to ensure that both parties have equal access to legal representation.
For more information, see our blog, What Determines How Much Divorce Costs in Colorado Springs?
Understanding Colorado’s “Equitable Distribution” Laws
Colorado’s divorce laws dictate a “equitable distribution” approach to dividing marital property and debts, and the principle also applies to determining which spouse pays for divorce-related expenses.
When deciding which spouse pays for divorce costs, the El Paso County family court considers the following:
- Each spouse’s financial resources
- The value of the property awarded to each party
- Each spouse’s earning capacity
- Any economic misconduct by either party
- Child custody and support obligations
Remember, “equitable” doesn’t always mean a 50/50 split. The goal of the court is to ensure a fair, though not necessarily equal, distribution of assets and liabilities.
Can You Request That Your Spouse to Pay Your Attorney Fees?
Yes, you can request that your spouse pay for your attorney fees in Colorado through a motion for attorney fees, also known as a “Rose Motion,” after the case that established this precedent.
The court may order one spouse to pay the other’s legal fees if:
- There’s a significant disparity in income or assets
- One spouse has limited access to marital funds
- The actions of one spouse have unnecessarily prolonged the divorce process
- Child custody arrangements significantly impact one spouse’s financial situation
Which spouse pays legal fees is not automatically determined by who initially filed for divorce.
The Impact of Child Custody on Which Spouse Pays
Child custody arrangements can play a significant part in which spouse pays for divorce in Colorado. El Paso County court considers the best interests of the child as paramount, and this extends to financial matters as well.
Colorado courts strive to ensure that child custody arrangements don’t unfairly burden one spouse with excessive divorce costs. They consider:
- Each parent’s financial resources
- The time each parent spends with the children
- Each parent’s ability to pay for divorce-related expenses
If you’re designated as the primary custodial parent, the court may be more inclined to order your spouse to help pay for your legal fees. This is based on the assumption that you’ll have more child-related expenses and potentially less ability to work full-time.
Hiring a family law attorney with experience in divorce and child custody can make a significant difference in their current and future well-being.
The Impact of Marital Agreements on Who Pays
If you have a prenuptial or postnuptial agreement, it may dictate which spouse pays for divorce costs. These agreements can specify how legal fees will be addressed if the marriage ends in divorce.
While marital agreements can address which spouse pays for divorce, they must be deemed fair and enforceable by the court. Factors that could invalidate such an agreement include:
- Lack of full financial disclosure
- Coercion or duress during signing
- Unconscionable terms
If you have a marital agreement, you are wise to have it reviewed by an experienced Colorado Springs family law attorney to understand its implications for your divorce proceedings.
The Role of Temporary Orders in Divorce Finances
During the divorce process, the court may choose to issue temporary orders addressing various issues, including which spouse pays for ongoing expenses and legal fees. These orders ensure that both parties have access to necessary funds during the proceedings.
If you’re concerned about affording your divorce, you can request temporary orders for the following:
- Spousal support
- Access to marital assets
- Payment of attorney fees
- Temporary child custody and support arrangements
These orders can provide financial stability while your divorce is pending and may influence which spouse ultimately pays for the divorce costs.
Seeking Professional Guidance
Navigating the complexities of divorce finances, including determining which spouse pays for what can be overwhelming. That’s where the expertise of a seasoned Colorado Springs divorce attorney becomes invaluable.
At Perkins Law, we’re committed to helping you understand your options and rights when it comes to divorce in Colorado Springs. Our team will work tenaciously to protect your rights and guide you through this challenging time, especially when child custody is a factor.
Don’t let concerns about which spouse pays for divorce prevent you from seeking the legal representation you deserve. Let us help you secure your rights and your future as you navigate this difficult transition.
Contact Perkins Law today to schedule your free consultation and case evaluation.
