How Do I Afford a Divorce Lawyer If My Spouse Controls All the Money?

If your spouse controls all the money, you may feel trapped. Maybe you don’t have access to funds without him knowing. Maybe they've already cut you off after filing for divorce. Or maybe you’re worried they'll accuse you of “spending my money” or say, “If you hire a lawyer, you’ll have to pay for it yourself.”

Here’s the truth: you are not stuck.

• If you’re thinking about filing, there are practical steps you can take right now to set yourself up for success.

• If you’ve already been cut off, know that courts see this all the time. Many spouses deliberately starve out the other to prevent them from hiring counsel. Judges expect it and they have tools to fix it. Courts can order your spouse to contribute to attorney’s fees and provide temporary support so you and your children have what you need.

When You’re Thinking About Filing

One of the biggest fears before filing is money - especially if you’re a stay-at-home parent or earn significantly less than your spouse. You might worry that the moment you file, your spouse will freeze the accounts.

Here’s how to prepare:

• Consult first: Many family lawyers offer free or low-cost consultations.

• Bridge funds: Even a small loan or gift ($500–$1,000) from family or friends can get you started with an attorney.

• Know your rights: Courts can order your spouse to pay attorney’s fees and provide temporary support while the case is pending.

Building a Safety Net

Another thing to consider before filing is setting up a bank account in just your name, if you don’t already have one. This makes it easier to plan ahead and create a small “emergency fund.” While every case is different - and you should always confirm strategy with your attorney - a little preparation can go a long way.

• Emergency cushion: Some people rely on savings, family support, or even a small loan to cover the first steps of the process until court-ordered support and attorney’s fees kick in.

• Talk to your lawyer: How you handle joint marital funds is a legal decision - your attorney can guide you on the safest approach for your situation.

👉 The takeaway: Even a modest personal account or cushion can help you breathe easier until the court puts official protections in place.

When You’ve Already Been Cut Off

If your spouse has already filed and cut you off, you may feel like you can’t even buy groceries, let alone hire a lawyer.

Here’s what to do:

• Be upfront with attorney's: Say clearly, “I’ve been cut off financially. I need interim support from and fees paid by spouse. Can you file for that with a minimal retainer?”

• Limited retainer or contingency motion: Some attorneys will file a motion for interim fees with a small retainer, or even on the expectation that the court will order payment.

• Emergency relief: Judges can grant emergency temporary support or interim attorney’s fees. Courts know $0 spouses can’t otherwise access representation.

👉 Even if you truly can’t afford a retainer, you are not trapped. The law is designed to stop exactly this kind of control.

While I Work Nationally…

Most often, I help clients in the Denver, Southlake, and Chicago areas. Rules vary a bit by state, but the theme is the same: judges don’t let one spouse weaponize money to block the other from having representation.

Here’s how the process works in three key states:

Colorado: What Judges Can Order

• Automatic injunction: Once a divorce is filed and served, an order prevents either spouse from draining accounts or cutting off access.

• Attorney’s fees: Judges can require one spouse to contribute to the other’s legal fees, paid directly to the lawyer.

• Temporary maintenance: Courts can order temporary spousal support early in the case so the less-resourced spouse isn’t left without basics.

• Practical step: Even with $0, an attorney can file a motion right away for interim fees and support.

Illinois: Some of the Strongest Protections

• Interim attorney’s fees: Illinois has some of the strongest protections in the country. Judges can order fee-sharing early in the case.

• Disgorgement: If your spouse already paid a large retainer, the court can require their lawyer to give some back so both sides can participate.

• Temporary support: Judges can order temporary maintenance for groceries, gas, and bills — not just “a roof and utilities.”

• Practical step: Tell your lawyer immediately if you’ve been cut off. They can file for interim fees, and the judge can direct payment straight to your attorney.

Texas: Temporary Orders and Attorney’s Fees

• Temporary orders: Texas courts can issue broad temporary orders, including spousal support (often called temporary spousal maintenance) and attorney’s fees.

• Preserving the estate: Judges can restrict spending or transfers to protect marital assets.

• Practical step: At your temporary orders hearing, ask your lawyer to request both fees and support - it’s routine in Texas cases.

Key Takeaways

• You are not stuck. Every state has mechanisms so you don’t have to go unrepresented.

• Attorney’s fees can come from marital money. Judges can order your spouse to contribute directly to your lawyer, even if you have no cash in hand.

• Temporary support is available. Courts can provide money for daily living needs during the case.

• Your role: The most important step is to tell your lawyer you’ve been cut off. Don’t wait in silence - the law is designed to stop this exact kind of control.

✨ Closing Thought If you’ve been cut off financially and feel like you can’t afford a divorce lawyer, you are not alone - and you’re not without options. Courts in Colorado, Illinois, and Texas all have protections to keep things fair. Ask your attorney about interim fees and temporary support right away - it’s the first step to leveling the playing field.

Need Help Understanding Your Options?

I help clients organize and see their financial picture and prepare for divorce. If you’re in Denver, Southlake, Chicago - or anywhere else - I can help you understand your options and be better prepared to talk with your attorney.

👉 Schedule a free consultation

Disclaimer: This blog is for informational purposes only and does not constitute legal or tax advice. Divorce laws vary by state, and every case is unique. Before making any decisions about accessing funds or pursuing support in divorce, please consult with a qualified family law attorney.