Are Utah Divorce Attorney Fees Marital Debt?

I get a lot of people in my office nervous about paying for their divorce.

That’s pretty understandable. Attorneys can be expensive, although the average divorce doesn’t cost nearly as much as many people think. (Click here for the #1 tip for saving money on your divorce.)

One reason people are nervous about cost is they believe their attorney fees can’t be paid for from marital monies. In other words, they think they can’t pay for an attorney from the family bank account or on the family credit card.

If this is causing you trouble, be troubled no more.

In Utah, divorce attorney costs are actually considered marital debt. Yes, that’s right, your attorney fees are marital debt and can be paid for with marital money.

This makes sense when you think about it. Divorce is actually a part of marriage (I know that might sound odd, but it’s true). As a part of marriage, it should be paid for like you pay for everything else in marriage: together.

When I explain this to people, I see a sense of relief wash over them. They are so grateful to be able to put a retainer on a credit card they already have instead of having to go apply for a new one. And many simply pay with money they have in the joint marital savings account. It’s like a heavy burden has been lifted off their shoulders.

Now, many times there is not enough money in the marital till to pay for an attorney. In cases like this, divorce attorney fees are still marital debts, but people will need to find a way to pay. Usually, people do this by asking family members (mom and dad especially) for help.

Hope this has helped assuage some fears about paying for your Utah divorce attorney.