Divorce can cost tens of thousands of dollars in contentious situations. The more assets couples have, and the less they agree about the terms of their divorce, the greater the chances of expensive litigation. Sometimes, both spouses have their own resources and equal access to representation. They both retain and pay for their own legal assistance throughout the divorce.
However, it is quite common for one spouse to manage household finances. They may have control over all major assets and could also be the sole breadwinner. It is quite common for one spouse to focus on their career while the other may focus on the family instead. Stay-at-home spouses and those who have put the family before their career development may worry about securing a fair outcome in a divorce.
Adequate legal representation is key to a successful divorce, but attorneys can be quite costly. A lower-earning spouse may assume that they cannot retain an attorney because their spouse controls the finances.
What options do dependent and lower-earning spouses have when they prepare for divorce in California?
Community property can help pay for a lawyer
Divorce outcomes might be quite unfair if only one spouse had access to legal guidance and advocacy. Thankfully, each spouse has the right to use the marital estate to cover the costs of a divorce. California has community property rules that give each spouse an interest in anything the other acquires or earns during the marriage. Under community property rules, a stay-at-home spouse still has a right to receive a portion of the marital estate even if they haven’t worked in years.
A judge in California can authorize the use of marital assets or community property to pay for attorney costs. In fact, judges can even order a higher-earning spouse to pay the attorney fees and court costs of the other spouse in a divorce. Making career sacrifices for the good of the family should not leave someone without reasonable support if they or their spouse decide to file for divorce later.
Learning about how California protects the interests of dependent and lower-earning spouses can help those worried about being at a disadvantage during a divorce. Both spouses can theoretically count on having the support and guidance of an attorney during the divorce process.