Divorce and legal separation can be expensive, especially when one spouse has greater access to money than the other. California law recognizes that both parties should have a fair opportunity to protect their rights. For that reason, courts may order one spouse to contribute to the other spouse’s attorney fees and costs during a family law case.

Why Attorney Fee Orders Matter

In a California divorce, legal separation, or nullity case, one party may have significantly more financial resources. Without help, the other party may struggle to hire an attorney or meaningfully participate in the case.

The goal of a need-based attorney fee order is to create a more level playing field. The court can order one spouse to pay an amount reasonably necessary so the other spouse can maintain or defend the case.

What Must the Court Consider?

When a party requests attorney fees and costs, the court must make specific findings. The judge must consider:

• Whether a fee award is appropriate
• Whether the parties have unequal access to money for legal representation
• Whether one party has the ability to pay for both parties’ legal representation

If the court finds that one party has greater access to funds and the ability to contribute, the court must order attorney fees and costs.

These findings must be made clearly, either in writing or orally on the court record.

What Costs Can Be Included?

Attorney fee awards in family law cases may cover more than just lawyer fees. Depending on the case, recoverable costs may include expenses needed to properly handle the matter, such as:

• Attorney fees
• Accountant fees
• Appraiser fees
• Actuary fees
• Other litigation-related costs

These costs may be especially important in cases involving complex property division, business interests, retirement accounts, or support disputes.

Can Fees Be Awarded During the Case?

Yes. Attorney fees may be awarded while the case is still pending. These are sometimes called pendente lite fee orders, meaning temporary orders made during the case.

A court may order fees early in the proceeding so both parties can access legal representation before important issues are decided.

The court may also increase or modify a prior fee award if more funds become reasonably necessary as the case continues.

Can Fees Be Awarded After Judgment?

Yes. Attorney fees may also be awarded after a judgment if there are later proceedings, such as enforcement or modification issues.

For example, if one party must return to court to enforce a judgment, request support changes, or address postjudgment disputes, the court may consider whether fees are necessary.

In some cases, the parties’ marital settlement agreement may also affect how attorney fees are handled after judgment.

How Are Attorney Fees Requested?

A legal team typically requests attorney fees by filing a formal motion with the court. The request generally includes:

• A Request for Order
• An Income and Expense Declaration
• A declaration explaining why fees are needed
• Information about attorney rates, anticipated work, and costs

The court needs enough detail to determine whether the requested amount is fair, necessary, and reasonable.

Can Fees Be Paid Directly to the Attorney?

Yes. In some cases, the court may order attorney fees to be paid directly to a party’s attorney. Once included in a judgment, the attorney may have the right to enforce that fee award.

Why Legal Guidance Matters

Attorney fee requests require careful preparation. The court will look closely at each party’s income, assets, expenses, and access to funds. A strong request should clearly explain why fees are necessary and why the other party has the ability to contribute.

Take the Next Step

If attorney fees are a concern in your California divorce or legal separation, you may have options. A family law attorney can help determine whether a fee request is appropriate, prepare the necessary documents, and advocate for fair access to legal representation throughout your case.