Divorce is one of the most challenging experiences a person can face—emotionally, mentally, and financially. When clients come to us seeking dissolution of marriage, one of the first questions they ask is: “Who pays divorce attorney fees in Texas?” More specifically, they want to know whether they’ll be responsible for their spouse’s legal costs, or if there’s any way to make their spouse pay for their own divorce lawyer.
The short answer: it depends. Texas family courts have broad discretion when allocating attorney fees between divorcing spouses. In some cases, each party pays their own legal costs. In others, a judge may order one spouse to pay all or a substantial portion of the other’s fees. This decision hinges on several factors, including income disparity, each spouse’s conduct during the divorce, and the overall goal of achieving a “just and right” division of the marital estate.
In this guide, family law attorney Turner Thornton answers the most common questions about divorce attorney fees in Texas—including when you can request fee reimbursement, what factors judges consider, and strategies to keep your own costs manageable. First, watch this short but highly informative video:
Understanding How Divorce Attorney Fees Work in Texas
Texas is a community property state, which fundamentally shapes how courts handle everything from asset division to attorney fees during divorce. Unlike equitable distribution states where each spouse might automatically bear their own legal costs, Texas courts aim for what’s called a “just and right” division of the marital estate—and that includes how legal expenses are allocated.
Under Tex. Fam. Code § 6.708(c), courts have explicit authority to award reasonable attorney’s fees and expenses in any suit for dissolution of marriage. This isn’t automatic; it requires a formal request and judicial review. Understanding this framework helps set realistic expectations about whether you might receive—or be ordered to pay—your spouse’s legal fees.
How Do I Ask My Spouse to Pay for My Divorce Attorney Fees?
If you don’t ask, you won’t receive. To have any chance of recovering your attorney fees from your spouse, you must formally request this relief in your Original Petition for Divorce or in a subsequent pleading. Your divorce attorney should include specific language asking the court to order your spouse to pay reasonable attorney fees and legal expenses.
This request should be included from the outset. Under Tex. R. Civ. P. 301, courts generally limit relief to what’s been formally requested in the pleadings. Simply assuming the judge will award fees without a written request is a critical mistake that could cost you thousands of dollars.
What Factors Does the Judge Consider When Deciding Who Pays?
Texas judges weigh multiple factors when determining how to allocate divorce attorney fees. The primary considerations include:
Financial disparity between spouses. If one spouse earns significantly more than the other—or if one spouse has substantially greater access to separate property assets—the court may order the higher-earning spouse to contribute to the other’s legal fees. This ensures both parties have reasonably equal access to legal representation.
Earning capacity and employment history. A spouse who left the workforce to raise children or support the other’s career may have limited current income but significant future needs. Judges consider not just current earnings but each party’s ability to become self-supporting.
Length of the marriage. Longer marriages often involve more complex property division and may result in greater fee allocation to the lower-earning spouse, particularly if one spouse sacrificed career advancement for the family.
Custody and support obligations. If one spouse will bear primary responsibility for the children, this affects their available resources and may influence fee allocation.
Each party’s behavior during the divorce. Courts can and do consider whether either spouse has acted in bad faith, unnecessarily prolonged litigation, or engaged in conduct that drove up legal costs.
Can a Spouse’s Bad Behavior Affect Who Pays Attorney Fees?
Absolutely. Texas courts take a dim view of parties who engage in bad faith conduct during divorce proceedings. If one spouse deliberately drives up litigation costs through obstructive behavior, the judge can—and often will—order that spouse to pay the other’s attorney fees as a form of sanction.
Examples of bad faith conduct that may result in fee-shifting include:
- Refusing to comply with discovery requests or court orders
- Hiding assets or income from the other spouse
- Filing frivolous motions designed to harass or delay proceedings
- Intentionally prolonging the divorce to create financial hardship
- Making false allegations that require the other spouse to incur defense costs
- Failing to appear at scheduled hearings or mediation sessions
Under Tex. Fam. Code § 6.708, courts can also award attorney fees when one spouse fails to produce required financial information or makes misrepresentations about community property.
When Is the Decision About Attorney Fees Made?
Attorney fees are typically awarded at the conclusion of the divorce. Because legal fees are considered part of the community estate (joint property and debt), both spouses will present a detailed accounting of all attorney fees and legal expenses incurred at the final hearing or trial.
The judge reviews these expense summaries along with evidence of each party’s income, assets, and financial needs. The court then determines how to divide the responsibility for legal fees as part of the overall property division under Tex. Fam. Code § 7.001. If the judge orders one spouse to pay the other’s fees, it essentially functions as a reimbursement—often paid from that spouse’s share of the divided assets.
What If I Can’t Afford an Attorney During the Divorce Process?
If you lack the financial resources to hire an attorney while your spouse controls the marital funds, Texas law provides a solution. You can file a Motion for Interim Attorney Fees under Tex. Fam. Code § 6.502(a)(4), asking the court to order your spouse to pay your legal expenses during the ongoing divorce proceedings—not just at the end.
When considering an interim fee request, the judge will review:
- Attorney fees and costs incurred to date
- Each spouse’s access to income and assets
- Whether one spouse controls community funds
- The complexity of issues involved in the divorce
- Whether denying interim fees would effectively deny one spouse access to legal representation
If granted, interim attorney fees ensure that a financially disadvantaged spouse can afford competent legal representation throughout the divorce process, rather than being forced to proceed unrepresented against a well-funded spouse.
What Other Factors Might Influence the Judge’s Decision?
Beyond income and behavior, judges consider the totality of circumstances when allocating attorney fees. Additional factors that may come into play include:
Career sacrifices for the marriage. If one spouse gave up educational or professional opportunities to support the family—staying home with children, relocating for the other’s career, or funding the other spouse’s education—the court may adjust fee responsibility accordingly.
Complexity of the divorce. Cases involving significant assets, business valuations, contested custody, or allegations of family violence typically generate higher legal fees. The court considers whether the complexity was necessary or artificially created by one party.
Health and age of each spouse. A spouse with health issues or advanced age may have limited earning capacity, affecting how the court allocates financial burdens.
Separate property resources. Texas courts consider each spouse’s separate property (assets owned before marriage or received as gifts or inheritance) when evaluating ability to pay legal fees.
Can I Appeal a Decision About Attorney Fees?
Yes, you can appeal a judge’s ruling on attorney fees, but doing so requires meeting strict deadlines and legal standards. Under Tex. R. App. P. 26.1, you must file a Notice of Appeal within 30 days after the final divorce decree is signed.
To succeed on appeal, you must demonstrate that the trial court abused its discretion—meaning the judge’s decision was arbitrary, unreasonable, or made without reference to guiding legal principles. This is a high bar to clear. Texas appellate courts give significant deference to trial judges in family law matters because they observe the parties firsthand and are best positioned to evaluate credibility and circumstances.
Before pursuing an appeal, carefully weigh the additional legal costs against the likelihood of success. Your attorney can help you assess whether the potential recovery justifies the expense and effort of appellate litigation.
Real-World Examples: How Courts Allocate Attorney Fees
Understanding how these principles apply in practice can help set expectations:
Example 1: Income disparity. Sarah earns $150,000 annually as a physician while her husband Michael earns $40,000 as a teacher. Both incurred approximately $15,000 in attorney fees. The court ordered Sarah to pay $10,000 of Michael’s fees, reasoning that she had greater ability to absorb legal costs while maintaining her standard of living.
Example 2: Bad faith conduct. During discovery, James refused to produce financial records, forcing his wife Emily to file multiple motions to compel. He also failed to disclose a hidden brokerage account. The court ordered James to pay all of Emily’s attorney fees—totaling $25,000—as a sanction for his obstructive behavior.
Example 3: Career sacrifice. After 20 years of marriage, Linda had been out of the workforce for 15 years raising the couple’s children while her husband Robert built a successful business. Despite Robert’s higher income, the court allocated legal fees equally but awarded Linda a larger share of marital assets to compensate for her diminished earning capacity.
Strategies to Minimize Your Divorce Attorney Fees
Regardless of who ultimately pays, keeping legal costs manageable benefits everyone. Consider these approaches:
Stay organized. Gather financial documents, tax returns, and records before your first attorney meeting. The less time your lawyer spends hunting for information, the lower your bill.
Communicate efficiently. Save non-urgent questions for scheduled calls rather than sending multiple emails. Prepare written lists of topics to cover. Review documents before meetings so you can discuss them productively.
Choose your battles. Not every issue is worth fighting over. Focus on matters that truly affect your future—custody arrangements, significant assets, retirement accounts—rather than disputing every piece of household furniture.
Consider mediation. Many disputes can be resolved through mediation at a fraction of litigation costs. Under Tex. Fam. Code § 6.602, Texas courts encourage mediation to facilitate cost-effective divorce resolutions. A skilled mediator can help you and your spouse reach agreements without expensive courtroom battles.
Be realistic about outcomes. Understand what Texas law actually provides rather than what you think is “fair.” Pursuing unrealistic goals wastes time and money while often producing worse outcomes.
Control emotional decisions. Divorce is emotional, but letting anger drive legal strategy is expensive. Making decisions to punish your spouse usually costs more than it’s worth.
Frequently Asked Questions About Divorce Attorney Fees in Texas
Can I make my spouse pay my attorney fees if they cheated?
Infidelity alone doesn’t automatically entitle you to attorney fee reimbursement. However, if your spouse’s affair involved dissipating community assets (expensive gifts, trips, or maintaining a separate household for the affair partner), the court may consider this waste of community property when allocating fees and dividing assets under the fault-based grounds for divorce established in Tex. Fam. Code § 6.003.
Are divorce attorney fees tax deductible?
Generally, attorney fees for personal divorce matters are not tax deductible under current federal tax law following the Tax Cuts and Jobs Act of 2017. However, fees specifically related to obtaining taxable alimony or for tax advice during the divorce may be partially deductible under certain circumstances. Consult a tax professional for guidance on your specific situation.
What if my spouse and I agree on who pays attorney fees?
Spouses can agree on fee allocation as part of their divorce settlement through a Mediated Settlement Agreement or other written agreement. If you reach an agreement through mediation or negotiation, the court will typically approve it unless the terms are grossly unfair to one party or against public policy.
How much do divorce attorneys in Texas typically charge?
Attorney fees vary widely based on experience, location, and case complexity. In the Dallas-Fort Worth area, hourly rates typically range from $250 to $500 or more for experienced family law attorneys. Total costs depend heavily on whether your divorce is contested or uncontested and how many issues must be litigated. An uncontested divorce may cost a few thousand dollars, while complex contested divorces can exceed $50,000 or more.
Can attorney fees be paid from community property?
Yes. Since attorney fees incurred during the marriage are considered community debt, they can be paid from community property funds. The court may also order one spouse to reimburse the other from their share of divided assets as part of the final property division.
What happens to attorney fees if we reconcile?
If you and your spouse reconcile and dismiss the divorce, any attorney fees already incurred remain your responsibility unless you had an agreement providing otherwise. Fees paid during the pending divorce are typically not recoverable through the court process once the case is dismissed.
Key Texas Statutes Governing Divorce Attorney Fees
For reference, here are the primary statutory provisions that govern attorney fee allocation in Texas divorce cases:
- Tex. Fam. Code § 6.502(a)(4) – Authorizes courts to order payment of reasonable attorney’s fees and expenses as part of temporary orders during a pending divorce
- Tex. Fam. Code § 6.708(c) – Authorizes courts to award reasonable attorney’s fees and expenses in the final divorce decree
- Tex. Fam. Code § 7.001 – Establishes the “just and right” division standard for dividing the marital estate
- Tex. Fam. Code § 6.602 – Provides for mediation procedures as an alternative to litigation
- Tex. Fam. Code § 9.014 – Authorizes attorney fees in post-decree enforcement proceedings
- Tex. Fam. Code § 106.002 – Authorizes attorney fees in suits affecting the parent-child relationship (SAPCR)
Talk to a Fort Worth Divorce Attorney Today
Divorce can be costly and contentious, but you don’t have to navigate it alone. At Varghese Summersett Family Law Group, our experienced divorce attorneys help clients throughout the Dallas-Fort Worth area protect their rights and financial interests during this challenging time.
We’ll provide honest guidance about your options, including realistic assessments of whether you may be entitled to recover attorney fees from your spouse. Our team handles every case with the sensitivity, discretion, and legal expertise your situation deserves.
Call 817-900-3220 today to schedule a confidential consultation with a member of our family law team. We’re here to help you move forward.
