What is fee shifting?

Fee shifting is the terms used to identify when a person must pay for the attorney’s fees for their spouse. These payments are typically allowed in divorces when only one spouse is in the position to pay the fees (the only one employed), or only one spouse controls all the bank accounts and or available credit. In those circumstances, fee shifting is allowed. There are some circumstances where the non-income earning spouse may be forced to pay for the other’s fees, but that usually is in the context of being sanctioned by the court for some sort of wrong doing.


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