Can My Spouse Be Ordered to Pay for Our Divorce?

 Posted on October 30, 2026 in Divorce

Divorce costs in Maryland can sometimes be allocated between spouses. A judge may order one spouse to pay some or all of the other’s attorney’s fees, court costs, and related expenses. Whether it happens, though, is dependent on the situation.

The court must weigh specific factors when deciding who pays for what. It looks most closely at each spouse’s finances and whether there are legitimate reasons for one spouse to pay the other’s legal fees.

If you’re worried about affording a divorce in 2026, a Timonium, MD divorce lawyer can help you understand whether asking for help paying makes sense for you.

When Can a Maryland Court Make One Spouse Pay the Other’s Legal Fees?

Maryland Code, Family Law Section 7-107 lets the court order either spouse to pay the other’s "reasonable and necessary expense" in a divorce. This includes suit money, counsel fees, and court costs. The court can make this order at any point in the case.

Similar rules cover other issues that are often decided in the same divorce. These include:

• Disputes over marital property (Section 8-214)
• Alimony requests (Section 11-110)
• Child custody, visitation, and child support (Section 12-103)

Each section has its own basis for fees. A judge may award fees for one part of a case and not for another.

What Does a Maryland Judge Consider Before Ordering a Spouse to Pay for the Other’s Divorce?

Before ordering one spouse to pay, the court has to consider two things. The first is the financial resources and needs of both spouses. The second is whether each side had substantial justification for bringing or defending the case.

Finances often carry a lot of weight. Suppose one spouse earned most of the household income while the other stayed home with the children. The lower-earning spouse may have no way to pay a lawyer without help. A judge may order the higher earner to cover part of those costs so both sides can take part in the case on fairer terms.

Can Bad Behavior in a Maryland Divorce Case Lead to a Fee Award?

How a spouse behaves in the case can affect payment of fees if they didn’t have "substantial justification" for bringing or defending the proceeding.

If the court finds that a spouse lacked substantial justification for bringing or defending the case, the court must award payment of the other spouse’s reasonable expenses unless it finds good cause not to. Making claims without a reasonable factual or legal basis can support this finding. Refusing to turn over financial records can also result in separate court sanctions, including attorney’s fees. Section 12-103 has a similar rule for custody and support disputes.

It’s important to remember that losing a dispute isn’t the same as lacking justification. A spouse can take a reasonable position on an issue, be overruled, and not be ordered to pay.

Can I Get Help With Divorce Costs Before the Case Is Over in Maryland?

You don’t have to wait for the final hearing to ask for financial help. You can request fees while the case is still pending. This may allow you to hire a lawyer or pay for things like a business valuation or a property appraisal when needed.

The court can also order reimbursement of expenses you’ve already paid. Counsel fees that are awarded may be paid directly to your lawyer.

To support a fee request, you’ll usually need to show how much you’ve been charged and for what. Keep copies of your invoices and payment records as soon as your case begins. These records can help the court decide whether the amount you’re asking for is reasonable.

Call an Anne Arundel County, MD Divorce Lawyer Today

Payment of legal fees can be a true game-changer if you are struggling to make ends meet. Our Timonium, MD family law attorneys can look at your situation and explain when a fee request might be worth pursuing.

The team at Zide Law Group, LLC gives every client focused, supportive, and personalized attention. We’re true counselors of the law with strong litigation and analytical skills across all areas of family law. Our attorneys have over 50 years of combined experience, and most of our team has worked together for 10 years.

Call Zide Law Group, LLC at 410-760-9433 to discuss your divorce today.