In Wisconsin, each spouse is generally responsible for their own attorney fees and court costs in a divorce. However, courts have broad discretion to order a higher-earning spouse to contribute to the lower-earning spouse’s fees if there’s a significant income disparity that would otherwise prevent the spouse from participating in the case.
In addition to attorney fees, costs can include fees for court filings, service of process, Guardian ad Litem services, custody placement evaluations; real estate/personal property appraisals and business valuations; QDRO preparation; deposition court reporter fees; mediation fees; subpoena fees; parenting or counseling classes; mortgage refinance fees; and tax preparation. A court can order the higher earning spouse to pay or reimburse attorney fees and many associated costs of getting a divorce to make the case fair.
Key Considerations for the Payment of Fees in a Divorce
Financial resources and earning capacity – If one spouse earns substantially more (e.g., stay-at-home parent vs. bread winner), the court may order the wealthier spouse to pay a portion of the other’s fees.
Marital property – Marital assets subject to division in the divorce can be used to cover fees.
Litigation conduct – If a higher-earner acts unreasonably, e.g., delays proceedings or files frivolous motions that drive up costs, they may be ordered to pay more due to their behavior.
Length of marriage and contributions – Long-term marriages where one spouse sacrificed career opportunities may result in the award of fees to lesser earning spouse in light of their non-monetary contributions to the marriage.
Types of Fee Awards
- Temporary fees awarded during the divorce to handle immediate needs like hiring an attorney
- Final fees at judgment where the court allocates fees as part of the marital property division settlement
- Sanctions up to full reimbursement if one spouse’s bad faith increases costs
These awards are not guaranteed, but are frequently granted in disparity cases to promote fairness. Fee contributions can reduce the lower earner’s out-of-pocket burden significantly allowing the case to move forward.
For those earning below 125% of the federal poverty level, the state provides various tools to proceed pro se (represent self) with minimal costs. For marriages where income disparity is the issue, courts can award temporary attorney fees early in the process using temporary orders, where the court can order the higher-earner to pay upfront fees/maintenance so a lesser earning spouse can afford representation. This is explicitly allowed to cover “attorney fees and other expenses for bringing or responding to the divorce” if needed for fairness. During the divorce settlement process, the division of marital assets and debt may be adjusted to account for the payment of fees.
Contact an Experienced Family Law Attorney for Help
With income disparity, common among stay-at-home-moms and homemakers in a divorce, the higher-earner often pays a substantial portion (or all) of the other party’s fees up front or in entirety via court order, especially if the requester can show financial need. It is important to work with an experienced family law attorney who can guide you to find the needed resources in your divorce. Contact Attorney Jane E. Probst for immediate assistance at 414-210-3135.