Attorney fees, non-working spouse, home equity and ability to work

[kayroll]

If a non-working spouse petitions for payment of attorney fees by the working spouse will the non-working spouse have to use their equity portion of the value of the marital home toward those fees before the working spouse is obligated to pay?

What does the ABILITY of the non-working spouse to earn an income play in having the working spouse pay legal fees?

Thanks

[Attorney Howard Iken]

Payment of attorney fees is a tricky issue. Yes, the non-working spouse will likely have to use some assets before he/she has the chance to ask for temporary fees.

Ability to earn normally is not a factor in attorney fees, although it definitely is an issue in alimony and child support.

Some jurisdictions are a lot more generous about handing over temporary attorney fees early in a case.