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In divorce who pays the attorney fees? Ask the Lawyer

April 14, 2026

Q: Two questions: First, I am in a divorce with my husband and some of it is rocky. I think he may be trying to run up the expense, and also hoping to hide his income and assets. Can he be required to pay my attorney fees, at least in part? He works and I do not. I have not worked for several years.

P.M., Anaheim

A: One of the few areas of law in California for which an attorney can become a “certified specialist” is family law. Your questions can be addressed to a degree by this column, but to be clear, you are most prudent to carefully consult with a qualified professional. I also want to indicate that choosing a lawyer who knows the particular court where your case is pending may be advisable as well (not required or necessarily crucial, but from a practical standpoint could be important).

As to your first question: While it is not automatic that one party pays at least a portion of the other party’s attorney fees, the court has broad discretion to order that one side contribute to the other’s fees depending upon the circumstances. Specifically, under California Family Code Sections 2030 through 2032, the court can order that one spouse pay some or all of the other spouse’s attorney’s fees in an effort to make sure each party has access to legal representation. Factors to consider include disparity of earning capacity, financial assets of each party, the ability of either party to pay, and whether issuing an order would be just and reasonable. The court may simply seek to “level the playing field.”

Another basis could be Family Code Section 271. There, the judge can order a party to pay for the other’s attorney fees as a penalty for frustrating settlement, or increasing costs. For example, your husband conceals assets, refuses to cooperate in discovery, or takes actions the court deems were carried out to cause unnecessary delay.

In sum, you may start out in the divorce proceeding as responsible for paying your lawyer, but upon an adequate showing, the court can shift the fee obligation, at least in part, to equalize access to a lawyer and/or to sanction misconduct.

Q: Second question: We have two kids ages 8 and 10. How does child custody get dealt with?

P.M., Anaheim

A: The essential question the court considers as to child custody is “what is in the child’s best interests?” The judge seeks to determine what arrangements best protect the child’s health, safety and welfare.

Inquiries include each parent’s ability to care for the child; any issues of substance abuse by either parent; the stability and continuity of the parent’s circumstances; any incidents of domestic violence; the level and nature of contact with each parent; the child’s ties to siblings and to the community, which may be impacted by where either parent resides; if the child has a preference (research indicates this is considered when the child is around the age of 14, but is not binding in and of itself).

There are two kinds of custody — legal and physical. Legal has to do with who makes decisions related to the child; physical is where the child will live. The court generally prefers joint custody, significant time with each parent and a parenting plan that minimizes conflict. If you can agree on a custody schedule, it will probably be approved by the court.

Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.

In divorce who pays the attorney fees? Ask the Lawyer Orange County Register

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In divorce who pays the attorney fees? Ask the Lawyer

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