Divorce can be costly, especially when spouses battle over numerous issues, such as property division, child support, child custody, interstate child custody and spousal support. This may leave many spouses wondering, “Can my spouse be ordered to pay my divorce attorney’s fees in California?” California divorce laws allow family courts to order one spouse to contribute toward the other spouse’s attorney’s fees under certain circumstances.

Beverly Hills residents who divorce may find themselves in the Los Angeles County Superior Court family law system. One courthouse that serves the area is the Stanley Mosk Courthouse at 111 N. Hill Street, Los Angeles, CA 90012.

Why Choose Benefield Faulk Law – Family Law Trial Advocates P.C.?

Attorney Tamara Shari Benefield founded Benefield Faulk Law – Family Law Trial Advocates P.C. with 25 years of family law experience. She has handled complex divorce cases. Ms. Benefield was a professor at West Los Angeles College of Law. Her skill and knowledge extend to courtroom procedure, evidentiary objections, cross-examination, and trial techniques. She and her team have served clients since 2004, with the firm’s headquarters located in Beverly Hills.

When One Spouse May Be Required to Pay Attorney’s Fees

California Family Code § 2030 is one of the primary laws that control divorce attorney fees. It allows courts to issue orders requiring spouses to make sure that the other party has access to legal representation.

Essentially, a court looks at whether the disparity in financial circumstances means one spouse can bear the expense of both their own and their partner’s legal representation. If those criteria are met, then the court must award a reasonable attorney fee amount.

This standard doesn’t mean that an award is reserved only for households where one spouse earns income, and the other doesn’t. Spouses may be imbalanced in their access to liquid funds, even if one spouse earns a higher salary.

For instance, one spouse could make a high income but may have far fewer liquid assets than the other spouse. This scenario can be common in divorces involving valuable property like Beverly Hills real estate, investment accounts, and closely held businesses. These circumstances may arise in an executive divorce, grey divorce, high-net-worth divorce, or same sex divorce.

What the Courts Consider When Awarding Fees

California Family Code § 2032 dictates that any award for attorney fees must be deemed “just and reasonable” considering the parties’ respective situations. This standard doesn’t limit the court to comparing the parties’ paychecks. On the contrary, the court can consider all financial resources and circumstances relevant to the parties. Some factors the court may consider include: 

  • Each spouse’s income and assets
  • Each spouse’s debts and expenses
  • Available funds
  • The complexity of the divorce
  • Whether there is a significant disparity in the spouses’ financial circumstances
  • Legal fees
  • Each spouse’s ability to pay attorney’s fees

The mere fact that one spouse can afford to hire a divorce lawyer doesn’t negate the other’s claim for payment. The court expressly may award attorneys’ fees to a party who has resources to pay their own attorney. Other family law matters that may require legal assistance include civil restraining order requests, grandparents’ rights, guardianship, domestic violence, and civil contempt.

Relevant California Divorce Statistics

California’s courts manage many cases each year.  In the 2024-25 fiscal year, California’s superior courts processed 5,306,078 new cases and closed 3,551,165 cases. California also has 1,755 authorized superior court judges who serve a state population that recently surpassed 39 million people. The Judicial Council of California documented 190,917 family law cases resolved during the 2022-23 fiscal year. This total includes 72,701 marital dispositions.

These statistics are helpful to know if you’re considering filing for divorce or responding to a divorce petition in California. You could encounter a request for attorney fees along with disagreements about property division, custody, and support.

When to Hire a Trusted Divorce Lawyer

You may want to hire a divorce lawyer if you’re considering requesting attorney’s fees or responding to a spouse’s request for fees. A divorce attorney can prepare financial disclosures, identify income/resources that are relevant to the fee request, calculate expenses incurred and estimate future fees, and gather evidence to support your arguments. Depending on your circumstances, related legal services may also include paternity matters, postnuptial agreement drafting, prenuptial agreement drafting, wills & trusts, and an attorney fee motion.

FAQs

What Is the 10-Year Rule for Divorce in California?

The 10-year rule for divorce relates to the length of marriage that is considered long-term. California law does not award lifetime spousal support simply because a couple was married 10 years or more. However, California Family Code § 4336 provides that a marriage of 10 years or more is considered a marriage of long duration. The amount and duration of spousal support still depend on the parties’ circumstances.

What Money Can’t Be Touched in a Divorce?

Money that can’t be touched in a divorce generally includes money that is owned separately by one spouse. This includes property you owned before marriage, inheritance you receive individually, or gifts made specifically to you. Separate property can become legally complex if marital and separate funds get commingled.

You may need to provide documentation like account statements, property deeds, inheritance papers, or transaction history to prove it is truly separate.

What Would Warrant Your Ex-Spouse Paying Attorney Fees for You?

California courts can order one spouse to help pay the other spouse’s attorney fees. If one party possesses considerably more financial resources for legal expenses, or if their conduct needlessly drags out the proceedings or inflates attorney fees, the court can issue sanctions. The court might order one spouse to pay the other’s attorney fees as a way to promote cooperation.

I Want a Divorce, But I Have No Money. What Are My Options?

If you have no money, but want a divorce, there may still be options available to you. Having limited financial resources does not prevent you from filing for divorce in California. If you cannot afford the filing fees, you can apply for a fee waiver. You may also request an award of attorney fees based on your spouse having more financial resources.

Contact Benefield Faulk Law – Family Law Trial Advocates P.C. Today

If you are going through a divorce, it is possible that attorney’s fees and who is responsible for payment may be an issue to work through. Benefield Faulk Law – Family Law Trial Advocates P.C. can help you in this process. Contact us today to learn about your options.