Let’s be honest – divorce can be emotionally exhausting and financially terrifying, especially if you’ve relied on your spouse for money or stepped away from your career to care for your family. If you’re worried about how you’ll afford an attorney, you’re not alone. This is one of the first questions many women ask when they reach out to our office. The truth? Yes, in Texas, there are ways to ask the court to make your spouse cover your legal fees. It’s not automatic, but it’s absolutely something worth fighting for – especially if you’re at a disadvantage financially. Here’s what you need to know.
If He Makes the Money, Does That Mean You’re Out of Luck?
Not at all. Texas law gives judges the power to shift attorney fees between spouses based on the facts of the case. If you’ve been a stay-at-home mom, make significantly less than your spouse, or don’t have access to shared money, the court may agree that your spouse should help cover your legal expenses – especially if you’re asking for help early in the process. The court looks at fairness. If one person controls all the money and the other has no way to hire help, that’s not a fair fight. Judges want both sides to have a meaningful opportunity to be represented.
Situations Where Judges Often Award Attorney Fees
You may be more likely to get fees covered if:
- Your spouse earns much more than you
- You don’t have access to joint accounts or marital funds
- You’ve asked for help and your spouse refuses
- Your spouse is being difficult, dishonest, or dragging things out intentionally
If this sounds familiar, it’s not just frustrating – it’s legally relevant. And if you’ve been financially isolated in your marriage (for example, no access to passwords, accounts, or decision-making), that’s something the court can consider.
Temporary Orders Can Get You Help Early
You don’t have to wait until your divorce is final to ask for help. When a divorce is filed, you (or your lawyer) can request temporary orders. These are short-term rulings that help set the tone and structure while your case moves forward. They can cover things like:
- Who stays in the house
- Who pays which bills
- Temporary custody and visitation
- Temporary child or spousal support
- Attorney fees so you can hire a lawyer and protect yourself
These requests aren’t unusual. Judges see them all the time, and if you have a clear need and your spouse has the resources, they’re often granted.
What If Your Case Involves Kids?
If you’re dealing with child custody, child support, or anything involving your kids, there’s another way to seek attorney fees. Texas courts can award legal fees in custody cases when it helps support the best interest of the child. If you’re trying to:
- Establish or protect custody
- Keep your child safe
- Enforce an existing order
- Modify a parenting plan for legitimate reasons
…the court may agree that you shouldn’t have to carry that legal burden alone – especially if your spouse has the upper hand financially.
You’ll Need to Show Why You Need Help
This part’s important: nothing is guaranteed. Judges want to see a clear, reasonable explanation for why you’re asking for attorney fees. That usually means providing:
- Evidence of your income (or lack of it)
- Proof of your spouse’s income and access to funds
- Examples of bad behavior (like hiding money or refusing to cooperate)
- A breakdown of the legal work you’ll need to protect your rights
Your attorney plays a big role here. At Brandi Wolfe Law, we work with clients to build strong, fact-based requests that courts take seriously.
Can He Ask You to Pay His Fees?
He can try – but unless you’re the one with more money or you’re creating unnecessary conflict, it’s unlikely. Judges don’t take sides without a reason. If you’re acting in good faith and your financial situation is clearly different from his, the risk of being ordered to pay his fees is low. That said, this is another reason to keep things clean. Stay respectful, avoid dramatic texts or emails, and document everything.
What If You’re Stuck Financially Right Now?
If you’re already overwhelmed – financially or emotionally – there are still steps you can take:
- Talk to an attorney anyway. A consultation can give you clarity, even if you’re not ready to file.
- Ask for help through the court. Temporary orders can include legal fees upfront.
- Explore legal aid or low-cost services. If your situation qualifies, there may be local options (though they’re often limited).
- Discuss payment plans. Some attorneys offer flexible options based on your case and goals.
You don’t have to figure it all out alone. Absolutely. Here’s a related FAQ section that builds on the revised, more personal version of the blog post. These questions address real-life scenarios women often face, going beyond general legal principles to offer reassurance and guidance.
FAQs: Attorney Fees in Divorce
What if my spouse already hired a lawyer and I haven’t? Can I still ask for help with fees?
Yes. In fact, this is one of the most common reasons we ask the court for temporary attorney fees. If your spouse hired a lawyer right away and you’re still trying to figure out how to afford one, you’re at a disadvantage. Courts don’t want one side steamrolling the other just because they moved faster or had easier access to money. 📌 Tip: The sooner you speak with an attorney, the more options you’ll have – especially if we can file for temporary orders early.
My name isn’t on our bank accounts. Can I still ask for attorney fees?
Absolutely. It doesn’t matter whose name is on the account – if the money was earned during the marriage, it’s considered community property under Texas law. That means you have just as much right to it as your spouse, and that money can be used to pay for your legal representation. 📌 Tip: If you’re worried about getting access to joint money, tell your lawyer right away. We can bring that issue in front of the judge early in your case.
What if I already used a credit card or borrowed money to hire my lawyer?
That’s okay. It’s common for people to put legal fees on a credit card or borrow from family when they’re initially locked out of shared funds. If you later receive a court order for attorney fees, you can use that money to pay down what you borrowed or reimburse those who helped. 📌 Tip: Keep a record of every expense, receipt, or loan related to your legal fees – it strengthens your case when we ask the judge to consider reimbursement.
My spouse controls all our finances and refuses to give me anything. What can I do?
You’re not powerless. This is a major red flag, and Texas courts take it seriously. If your spouse is trying to pressure or control you by withholding money, that can backfire on them. We can file a motion asking the court to step in with temporary orders – including access to funds and coverage for your attorney fees. 📌 Tip: Keep notes of what’s happening, including texts or emails. Financial control can be part of a larger pattern the court should know about.
What if I’m already in the middle of a divorce and didn’t ask for fees at the start? Is it too late?
Not necessarily. While it’s ideal to raise the issue early, you can still request attorney fees at later stages in the case – especially if your circumstances change or your spouse is intentionally making things more difficult. We may be able to amend your pleadings or ask the court to consider new evidence. 📌 Tip: Let your lawyer know immediately if paying for legal help is becoming unmanageable. Waiting too long can limit your options.
You Deserve Legal Support – And You May Not Have to Pay for It Alone
This process is hard enough without worrying about how you’ll afford to protect yourself. If your spouse holds the financial power and you feel stuck, you have legal tools that can help. Asking for attorney fees isn’t greedy. It’s about having the support you need to make smart, informed decisions – for yourself and your children. Brandi Wolfe Law is here to stand with you, walk you through your options, and push for the support you’re legally entitled to. Call us at (210) 571-0400 to schedule a private consultation and find out where you stand. You’re not alone – and you don’t have to do this without help.