Other spouse paying attorney fees
Q: I do not have any money to pay an attorney, can the court order my spouse to pay for mine?
A: Yes. Attorney fees can be awarded based on the ability to pay. The court considers both income and funds available to both parties. The court first looks to community assets for the payment of attorney fees, but if there are not sufficient funds available, the court may order the other party to pay attorney fees out of their separate property. See our web page on attorney fees for more information.