According to news reports this week, Britney Spears is planning to contest some of her divorce attorney’s legal fees, arguing that they are too high.

Whether you’re Britney Spears or Brittany Smith, divorce can be a costly venture – and being overcharged by a divorce attorney can be a real issue.

According to FWW’s Diana Mercer, a California attorney who specializes in mediation and is the author of “Your Divorce Advisor,” when clients feel they’ve been overcharged, the first step is to ask for an itemized billing and compare it against your own notes of phone calls, court dates, letters, and work you know the lawyer did.

“Your best action is to do this all along during the case,” she says. “Most attorneys bill you each month (and if they don’t, ask them to) so review your bill carefully each month and bring it to the attorney’s attention if you think you’re not getting good value for your money.”

Attorney Gregg Herman, the family chair of the American Bar Association, says that the client should also reflect on the conversations they have had with the lawyer.

“Good professional lawyers always assess the cost/benefit ratio to a client in recommending a particular course of action,” he says. “Ask to meet with your lawyer to discuss your concerns. Perhaps the lawyer can explain the bill to your satisfaction — or make an adjustment so that you are both comfortable with it.”

If talking with the attorney doesn’t give you the result you’d hoped for, you can ask the local bar association about its fee dispute mediation program.

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As men set their sights on women’s earnings, their entrepreneurial spirits, and sometimes, their celebrity value, women are increasingly finding the picture of so-called equality looking very strange. How is it that women increasingly are paying alimony?

Almost one in three married women makes more money than their spouses do. This economic statistic is certainly a factor why women increasingly are paying alimony.
However, in our society, women seem surprised to have to pay alimony even if they earn more.

This is because it is a fairly recent phenomenon in our legal courts. Secondly, for many women who are breadwinners (in a failed marriage), it’s not as if they ever expected to out earn their husbands, or do all of the heavy lifting in the family, or end up giving him spending money as you would do with a child. Women often feel cheated by the legal system because it is possible that they have to reward a sit at home bum.

The wife’s sense of being the victim is intensified when children are involved. Women share disproportionately the burden of money making, household chores, and child rearing. This is usually compounded by the lack of gratitude, appreciation, and emotional support a breadwinner is typically afforded by the household.

I have assisted many divorcing women who face the prospect of paying alimony. Our financial strategy is predicated upon her entire contribution to the family, including her spouse. Most importantly, they realize they are not an anomaly. They are freed of social stigma and part of a trend that is growing in ranks.

From Maya Halpin: My husband and I contribute to household bills according to our income. In other words, since his income represents 75% of our total household income and mine represents 25%, he pays 75% of the bills and I pay 25%. Since we've never paid in 50-50 to our lifestyle, does that ruin my chances to get "traditional" alimony if we were to divorce? (We have no kids.)

Lili Vasileff writes:

Alimony is determined by several legal statutes:

In determining whether alimony shall be awarded, and the duration and amount of the award, the court shall hear the witnesses, if any, of each party, and shall consider the following factors:

1. The length of the marriage,

2. The causes for the dissolution of the marriage,

3. The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate and needs of each of the parties,

4. The property division which the court might make, and

5. In the case of a parent to whom the custody of minor children has been awarded, the desirability of such parent's securing employment.

There is no absolute right to alimony. The court isn't required to give equal weight to each of the specified items it considers in determining an award.

Slowly, the courts have begun to see they don't need to award alimony permanently, like it always was in the past. Today, alimony can still be awarded permanently, but it also serves to "get people back on their feet" after a divorce — not just women, but men as well. Although alimony is usually reserved for longer marriages (i.e. more than 10 years), and/or when one spouse earns substantially more than the other, this is not always the case. Alimony is basically dependent upon the paying spouse's ability to pay and the receiving spouse's need for support.

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From Megan Thomas: If I file for divorce, yet still have some joint credit accounts with my husband that I haven't yet closed, am I responsible for any debt he incurs during this time? Also, what is the smartest financial move for me: saving up some money and stashing it away, or working hard to pay down the debt we have together so I'm not burdened with it during the divorce?

Stacy Francis writes:

Don't let your ex ruin your credit and don't stick your head in the sand!

Once you've identified your debt, of course, your main goal is to keep it from getting any worse. The easy and quick way to do this is to close any joint credit card accounts prior to becoming separated or as soon as possible after separation. At the very least, you should refrain from using any joint cards once you are separated and open up your own credit card accounts.

If you and your spouse are cooperating with each other, you may be able to agree on a card or two that will remain in effect for designated purposes subject to designated limits on spending.

What happens if you keep the card open and your spouse makes a barrage of new charges? Generally, your husband will be held responsible for any debt that he incurs after the date of your separation.

Don't forget that if your husband does not make the payments on this joint card, you will be held responsible. Credit card companies want their money, and if your husband is not able to pay them, then they will certainly come knocking on your door. This could wreak havoc on your finances and your credit report.

The smartest move is to make sure that the minimum payments for any debt that you or your spouse have are being made on time throughout the divorce. You want to make sure to maintain a good credit score before, during, and after divorce.

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The obvious fact is that most couples fail to budget for divorce like they would for a wedding or funeral. Their expectations about the cost of divorce are based on hearsay, interviews, and generalities. In fact, costs can be managed by clients to a large degree, but not totally so. So when someone says I want the least costly divorce possible — what do they mean and really want? Sometimes, the old adage "you get what you pay for" is not only true, but dangerous. Aiming to find the cheapest divorce possible should not be the prime motivating factor for anyone in a contested divorce.

The risks of cutting a deal on the "cheap" may have not only short-term risks, but long-term financial consequences that cannot ever be "undone". Property division is a one shot deal for the rest of your life.

The "what ifs" are the most painful and avoidable elements in divorce everyone should face head on. To be blunt, you should embrace the opportunity to pay for this knowledge to have peace of mind post-divorce. A divorce financial planner is the expert you want and need during divorce to make strategic recommendations in a cost-efficient manner in any legal setting.

DIY or Pro Se. The least expensive divorce is the do-it-yourself or pro se. This means both parties literally negotiate, settle, and arrange for their own divorce. As can be imagined, this works best for short-term marriages with no children, few complications, little assets, and at best, in uncontested situations.

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Divorce is a complicated process emotionally, legally, and financially. Thoughtful planning and patience, however, can make your decision to divorce — and the process itself — smoother. Planning should begin from the moment you have a single notion about getting a divorce. Trust your instincts that divorce may be in the cards and begin to plan logically while you still can. Take note, for example, that much of the business of private investigators comes from spouses engaged in pre-divorce planning. Savvy divorce lawyers tell prospective clients to find out as much as possible — as early as possible — before the papers are even served. Divorce lawyers Steven Fuchs and Sharon Sooho advise women to "win" the divorce battle with the ancient Chinese tactics of strategic planning, stealth, and deception.

So put an end to your natural inclination to be a "good girl" who only wants "what is rightly mine, fair and reasonable" — because you may be in for a big surprise. Men are used to planning, and preparing for battle is the key to winning. Don't lose your divorce because you enter unprepared. Plan for what's coming and learn what is needed to get the best possible divorce outcome.

Here are five critical financial actions you should take before you even think about divorce:

1. Make copies of all financial records and statements; compile your list of assets and debts. Know where your money is and what you owe. Make a list of all institution names, account numbers, title on accounts, balances, credit lines, interest rates, type of investments, etc. Knowing exactly what is at stake financially will alleviate surprise, hasten discovery, and avoid delays later on. Find a safe place to store everything confidentially.

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When faced with divorce, how does a traditional stay-at-home wife assess her financial value? And more importantly, will the courts agree? The short answer to this question is that a good mother and devoted wife is a priceless blessing in any family. There is just no amount of money that can be attached to this role.

While each state has different laws on divorce, generally speaking I believe the courts are fairly sympathetic to the stay-at-home wife and mom when a marriage commitment fails. They understand this woman has often sacrificed advanced education and work experience to be head of the household.

My main concern is a much more dire concern than the courts not being supportive. I think the biggest risk to these women is the integrity and earning capacity of their former spouses.

As a financial professional, I see men being downsized quite frequently. Often, men going through divorce are having a mid-life crisis and face job problems, health problems, and other issues that effect their ability to perform in the workplace. Moreover, they might begin spending lavishly on women and begin hiding money. I have also seen many who, when faced with a large settlement, quit their job and take a long sabbatical rather than pay the alimony. That really scares me for women who rely on these men to pay their rent and feed their children.

A man’s prime earning years are often from 35–55, and for many it can become difficult to compete with younger co-workers willing to do his job for half of the salary. So even if the courts say you are to get $6000 a month if he gets fired or downsized, that settlement will be reduced until he gets another high paying job. That could take years if he is even able to get another big corporate job.
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