Divorce can become expensive quickly, especially when one spouse earns significantly more than the other or when a case involves complicated custody, support, or property disputes. A common question is whether one spouse can be required to help pay the other spouse’s attorney fees.
In California, the answer can be yes. Courts have authority in certain circumstances to order one spouse to contribute toward the other spouse’s legal fees.
Does each spouse pay their own attorney fees?
Many people assume that each spouse is automatically responsible for their own lawyer. That is not always how California family law works.
California courts can order one spouse to contribute toward the other spouse’s attorney fees when appropriate. One purpose of these orders is to help ensure that both parties have reasonable access to legal representation during the case.
This issue can arise during a California divorce involving significant differences in income or access to financial resources.
What does the court consider when awarding attorney fees?
California courts can consider the parties’ respective financial circumstances when deciding whether to order a contribution toward attorney fees.
Important issues may include:
- Each spouse’s income
- Access to assets and financial resources
- Each party’s financial needs
- The amount of attorney fees incurred
- The ability of one spouse to contribute toward the other spouse’s fees
An income difference does not automatically determine the outcome. The court reviews the circumstances of the particular case.
Financial disclosures can therefore become especially important when attorney fees are disputed.
Can you request attorney fees before the divorce is finished?
Potentially, yes.
A spouse does not necessarily have to wait until the final divorce judgment to request assistance with attorney fees. Fee issues can arise while the divorce is still pending.
That can be particularly important when one spouse controls substantially more income or assets and the other spouse needs legal representation to participate meaningfully in the case.
Temporary financial issues can also overlap with spousal support and other requests made while a divorce is pending.
Can bad conduct during the case affect attorney fees?
Attorney fees are not limited to situations involving differences in income.
California family law also provides mechanisms that may allow courts to address litigation conduct that unnecessarily increases the cost of a case or frustrates efforts to resolve it.
For example, disputes may arise when a party repeatedly refuses to cooperate, fails to follow court procedures, or engages in conduct that causes unnecessary litigation.
These issues are different from a need-based attorney fee request. The legal basis for the request and the facts supporting it matter.
Are attorney fees considered when settling a divorce?
They can be.
When spouses negotiate a divorce settlement, attorney fees and costs may be one of several financial issues that need to be resolved along with property, support, and other outstanding matters.
Depending on the case, negotiations may address who is responsible for fees already incurred and whether either party will contribute toward the other’s legal expenses.
For cases involving substantial assets, attorney fees may also intersect with property division and the financial terms of the overall settlement.
What if you cannot afford an attorney but your spouse can?
A significant financial imbalance does not necessarily mean that the spouse with fewer resources must handle the case without representation.
California’s attorney-fee statutes are designed in part to address disparities in access to legal representation.
If your spouse has substantially greater income or access to assets, an attorney can evaluate whether requesting a contribution toward your fees may be appropriate.
The court will ultimately determine whether a fee award should be made and, if so, the appropriate amount.
Does receiving attorney fees mean you won the divorce?
No.
An attorney fee order should not be confused with the court deciding who “won” the divorce.
California is a no-fault divorce state, and attorney fee issues can be based on financial circumstances or particular litigation conduct rather than which spouse ultimately receives the outcome they wanted on custody, support, or property issues.
Every attorney fee request depends on the facts and legal basis presented to the court.
Get help understanding attorney fees in your California divorce
Concerns about the cost of legal representation should not automatically prevent someone from learning what options may be available.
If there is a substantial financial disparity between you and your spouse—or the other party’s conduct is significantly increasing litigation costs—it may be worth discussing whether an attorney fee request is appropriate in your case.
Cullen Family Law Group represents clients in Riverside, San Bernardino, Temecula, and surrounding Southern California communities in divorce and other family law matters.
Contact Cullen Family Law Group today to schedule your confidential consultation.