Can I Get My Spouse to Pay for the Divorce?

The answer is “yes” in the sense that expenses related to the divorce will normally be paid from community property money. Since both parties own an interest in community property funds, both parties are contributing to the costs of the divorce.

The answer is usually “no” in the sense that the judge will usually not divide the property between the parties and then order one spouse to pay the other spouse’s divorce expenses from his/her portion of the property. The judge has the authority to do that, but generally will not do so.

The judge will consider the attorney’s fees and expenses in formulating the property division orders. By doing so the judge can indirectly allocate the divorce expenses between the parties.