How do I collect attorney fees in Connecticut divorce?

Going through a divorce is emotionally and financially draining. One of the biggest sources of stress is often the cost of legal representation. If you're in a position where your spouse has control over the family finances, you might be wondering, "How can I possibly afford a lawyer?" It’s a valid and common concern.

The good news is that Connecticut law provides a way to level the playing field. You can ask the court to order your spouse to pay for some or all of your legal costs. This isn't about punishing your spouse; it's about ensuring both parties have fair access to legal help, regardless of their individual financial situations during the divorce process.

This guide will walk you through how to collect attorney fees in a Connecticut divorce, explaining the laws, the process, and the practical steps you can take. While this is a complex area of law, understanding the basics can empower you to have a more informed conversation with your attorney.

Understanding the Legal Basis for Attorney's Fees

In Connecticut, the ability to request attorney's fees comes from a core principle of fairness. The courts recognize that one spouse might be at a significant financial disadvantage, making it difficult to hire a lawyer and protect their rights. The primary law governing this is Connecticut General Statute § 46b-62.

This statute gives the court the authority to "order either spouse...to pay the reasonable attorney's fees of the other in accordance with their respective financial abilities and the criteria set forth in section 46b-82."

Let's break down what that means in plain English:

"Respective financial abilities": The court will look at your financial situation and your spouse's financial situation side-by-side. Who has more income? Who has more assets? Who has a greater capacity to earn money in the future? The goal is to determine if there's a disparity that makes it unfair for you to bear the full cost of your legal representation.
"Criteria set forth in section 46b-82": This refers to the list of factors a judge considers when deciding on alimony. Because these factors provide a complete financial picture of the marriage, the court uses them to assess financial ability for attorney's fees as well.

The court isn't just looking at a single bank account statement. It's conducting a thorough analysis to see if an award of fees is necessary to ensure you can adequately present your case.

Connecticut Law Requirements and Key Statutes

Several Connecticut statutes and court rules come into play when you need to collect attorney fees in a Connecticut divorce. Understanding them helps you see what the court needs to make a decision.

The Main Statute: C.G.S. § 46b-62 (Orders for payment of attorney's fees)

This is the foundational statute. It allows a judge to order one spouse to pay the other's "reasonable attorney's fees." This can happen at two key points:

Pendente Lite: This is a legal term that means "while the action is pending." You can file a motion early in your divorce case asking for an advance on your attorney's fees to cover the costs of litigation. This is crucial if you don't have the funds to pay a retainer or ongoing legal bills.
At Final Judgment: You can also ask for a contribution to your legal fees as part of the final divorce decree. This might cover any remaining balance or reimburse you for fees you've already paid.

The Alimony Factors: C.G.S. § 46b-82

As mentioned, the court uses the alimony factors to gauge each party's financial standing. According to the law, the court must consider things like:

The length of the marriage
The causes for the divorce
The age, health, and station of each spouse
Each person's occupation, income, and sources of income
Earning capacity, vocational skills, and employability
The assets and liabilities of each party
The needs of each party

Fees for Enforcing Orders: C.G.S. § 46b-87 (Contempt of orders)

What if you already have a court order for alimony or child support, and your ex-spouse simply isn't paying? You'll have to hire your attorney to file a Motion for Contempt to force compliance. This costs money you shouldn't have to spend.

Under C.G.S. § 46b-87, if the court finds your ex-spouse in contempt, it "may award to the petitioner a reasonable attorney's fee...to be paid by the person found in contempt." This is a powerful tool to help you recover the legal costs you incurred simply because the other party refused to follow a court order.

The Financial Statement: Practice Book § 25-30

This court rule is the practical key to everything. To decide on fees, the judge needs evidence of each party's financial situation. Practice Book § 25-30 requires both parties to file a sworn financial statement with the court. This detailed document lists all your income, expenses, assets, and debts. It is the single most important piece of evidence in any request for attorney's fees.

Step-by-Step: How to Request Attorney's Fees in Your Divorce

Knowing the law is one thing; putting it into practice is another. Here is a general step-by-step guide to how you can collect attorney fees in a Connecticut divorce.

Step 1: Make the Request in Your Initial Paperwork

Your first opportunity to ask for attorney's fees is in the initial divorce complaint (if you are the filing spouse) or in your answer and cross-complaint (if you are the responding spouse). In the section called the "prayer for relief," your attorney will include a request for "reasonable attorney's fees" among other requests like alimony and property division. This puts the issue on the table from day one.

Step 2: File a Motion for Counsel Fees Pendente Lite

For many people, waiting until the end of the divorce to get help with legal fees isn't an option. If you need funds to hire or continue paying your lawyer, your attorney will file a "Motion for Counsel Fees Pendente Lite."

The Motion: This is a formal legal document filed with the court that explains why you need financial help to pay your lawyer and why your spouse has the ability to contribute.
The Financial Statement: You must file an accurate and complete financial statement. Your spouse will have to file one too. The judge will compare these documents to assess the financial disparity.
The Hearing: The court will schedule a hearing on the motion. At the hearing, your attorney will argue why the request should be granted, referencing the financial statements and other evidence. The judge can then make an immediate order for your spouse to pay a specific amount directly to your attorney.

Step 3: Request Fees as Part of the Final Judgment

Whether or not you received fees pendente lite, you can still ask the court to order your spouse to contribute to your total legal bill as part of the final divorce settlement or trial verdict.

This is often handled during settlement negotiations or as part of the evidence presented at trial. Your attorney will submit an affidavit detailing their time, hourly rate, and the total fee, arguing that the amount is reasonable and that your spouse has the financial ability to contribute based on the criteria in C.G.S. § 46b-82.

Step 4: Use Contempt Motions to Collect Fees for Enforcement

If your divorce is final and your ex-spouse is violating a financial order (like failing to pay alimony, child support, or turn over a piece of property), your path to collecting fees is through a Motion for Contempt.

If the judge agrees that your ex-spouse willfully violated the order, they can be found in contempt of court. As part of the penalty, the judge can order them to pay the attorney's fees you spent bringing the motion, as authorized by C.G.S. § 46b-87.

Important Considerations and Practical Advice

An Award is Not Guaranteed: It is critical to understand that a judge has discretion. An award of attorney's fees is never automatic. You must prove the financial need and the other party's ability to pay.
"Reasonable" Fees: The court will only award fees it deems "reasonable." A judge will scrutinize your lawyer's bill to ensure the time spent and the tasks performed were necessary and appropriate for your case.
Fees from Marital Assets: Sometimes, instead of ordering one spouse to pay from their income, a judge will order that attorney's fees for both parties be paid from a marital asset (like a joint savings account) before the remaining assets are divided.
The Impact of Bad Behavior: While Connecticut is a "no-fault" state, a party's conduct during the litigation can impact a judge's decision on fees. If one spouse is hiding assets, filing frivolous motions, or refusing to cooperate with discovery, they are driving up the cost of the divorce. A judge may be more inclined to award fees to the cooperative spouse in that situation.
Fees for Child-Related Experts: The same statute, C.G.S. § 46b-62, also allows the court to order parents to pay the reasonable fees of a Guardian Ad Litem (GAL) or an Attorney for the Minor Child (AMC) appointed to represent the children's best interests.

Frequently Asked Questions About Collecting Attorney Fees

Here are answers to some common questions people have about how to collect attorney fees in a Connecticut divorce.

Can I get my spouse to pay my attorney's fees upfront?

Yes, this is the primary purpose of a pendente lite motion for counsel fees. If you can demonstrate to the court that you lack the funds to pay your lawyer's retainer and your spouse has the ability to pay, the court can order them to pay a specific amount toward your fees so you can get your case started on equal footing.

What if my spouse is hiding money? How can I prove I need fees?

This is a challenging but common situation. Your attorney has legal tools, like subpoenas and depositions (part of the "discovery" process), to uncover hidden assets or income. The very act of your spouse being uncooperative and forcing your attorney to engage in extensive discovery can be a strong argument for why you need a fee award—their behavior is making the divorce more expensive.

Are attorney fee awards taxable?

Generally, for divorce decrees issued after 2018, payments of attorney's fees made by one spouse for the other are not considered taxable income to the recipient or tax-deductible for the payer. However, tax laws are complex, so you should always consult with a qualified tax professional about your specific situation.

What happens if my spouse is ordered to pay my fees but doesn't?

An order to pay attorney's fees is a formal court order. If your spouse refuses to comply, your attorney can file a Motion for Contempt. If found in contempt, your spouse could face penalties, including being ordered to pay additional fees for the enforcement action.

Does it matter if my spouse was at fault for the divorce?

The primary basis for an attorney fee award is financial disparity, not fault. However, C.G.S. § 46b-82 does list "the causes for the...dissolution" as a factor the court considers in the overall financial picture. So, while adultery or cruelty won't automatically get you attorney's fees, extreme behavior that has financial consequences could be part of the court's overall consideration.

Can I get attorney's fees in a non-adversarial or mediated divorce?

Generally, no. The premise of a non-adversarial divorce (under C.G.S. § 46b-44a) or mediation is that both parties are cooperating to reach an agreement. In these cases, how attorney's fees are paid is typically part of the settlement agreement itself. For example, parties might agree to pay their own fees or pay both attorneys from a joint account.

How much of my legal bill will the court order my spouse to pay?

There is no set formula. The judge can order your spouse to pay all, a portion, or none of your legal fees. The decision is entirely based on the specific financial circumstances of your case, the "reasonableness" of the fees, and the judge's discretion.

Getting Help

Navigating the process to collect attorney fees in a Connecticut divorce requires legal skill and a deep understanding of court procedures. The rules are complex, and the outcome depends heavily on how the evidence is presented.

This article is for informational purposes only and is not a substitute for legal advice. If you are concerned about affording representation, you should speak with an experienced Connecticut family law attorney who can assess your situation and advise you on the best strategy for seeking a contribution to your legal fees.

Conclusion

Worrying about how to pay for a lawyer should not prevent you from protecting your rights in a divorce. Connecticut law provides a clear path to ask the court for help.

Remember these key points:

You can ask the court to order your spouse to pay your legal fees based on your respective financial abilities (C.G.S. § 46b-62).
You can make this request early in the case (pendente lite) or at the final hearing.
Your sworn financial statement is the most critical piece of evidence.
You can also be awarded attorney's fees if you have to take your ex-spouse to court to enforce an existing order (C.G.S. § 46b-87).

By understanding these options, you can work with your attorney to ensure you have the resources you need to navigate your divorce and move forward to a more secure future.