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    A.R.S. § 25-324

    Arizona Attorney Fees in Dissolution and Family Law Proceedings

    Verified May 17, 2026 • 57th Legislature, 1st Regular Session

    Arizona courts can order one party in a dissolution or related proceeding to pay the other party's attorney fees and costs after considering the parties' financial resources and the reasonableness of their positions. The fee-shifting rule promotes settlement and protects parties with fewer resources.

    Title 25, DISSOLUTION OF MARRIAGE

    azleg.gov

    What This Statute Says

    Family law fees can be substantial, particularly in contested dissolutions. This section lets Arizona courts shift some or all of those fees to the other party after considering both the relative financial resources and the reasonableness of the positions each party has taken.

    A. The court from time to time, after considering the financial resources of both parties and the reasonableness of the positions each party has taken throughout the proceedings, may order a party to pay a reasonable amount to the other party for the costs and expenses of maintaining or defending any proceeding under this chapter or chapter 4, article 1 of this title. On request of a party or another court of competent jurisdiction, the court shall make specific findings concerning the portions of any award of fees and expenses that are based on consideration of financial resources and that are based on consideration of reasonableness of positions. The court may make these findings before, during or after the issuance of a fee award.

    A.R.S. § 25-324

    When This Statute Comes Into Play

    Fee awards under this section come into play when:

    • One spouse has significantly greater financial resources than the other.
    • One party has taken unreasonable positions during litigation that increased costs for the other.
    • A motion for fees is filed at the end of a contested proceeding.

    What This Means for Arizona Families

    Litigation cost is one of the most stressful aspects of dissolution. The fee-shifting tool in this section means that parties who behave unreasonably can be made to pay for the burden they impose on the other side, which is a powerful incentive for cooperation.

    If you are entering or in the middle of an Arizona dissolution, ask your attorney how this section may apply to your case. Our FAQ on how divorce affects your Arizona estate plan covers the parallel estate planning concerns. An Arizona family law attorney can document the financial disparity and any unreasonable positions for the eventual fee request. Coordinating the dissolution outcome with an estate planning attorney ensures that any fee award, support order, and property division flow into a refreshed plan that includes updated beneficiary designations, an updated revocable living trust, and revised powers of attorney that no longer name the former spouse in sensitive roles.

    A. The court from time to time, after considering the financial resources of both parties and the reasonableness of the positions each party has taken throughout the proceedings, may order a party to pay a reasonable amount to the other party for the costs and expenses of maintaining or defending any proceeding under this chapter or chapter 4, article 1 of this title. On request of a party or another court of competent jurisdiction, the court shall make specific findings concerning the portions of any award of fees and expenses that are based on consideration of financial resources and that are based on consideration of reasonableness of positions. The court may make these findings before, during or after the issuance of a fee award. B. If the court determines that a party filed a petition under one of the following circumstances, the court shall award reasonable costs and attorney fees to the other party: 1. The petition was not filed in good faith. 2. The petition was not grounded in fact or based on law. 3. The petition was filed for an improper purpose, such as to harass the other party, to cause an unnecessary delay or to increase the cost of litigation to the other party. C. For the purpose of this section, costs and expenses may include attorney fees, deposition costs and other reasonable expenses as the court finds necessary to the full and proper presentation of the action, including any appeal. D. The court may order all amounts paid directly to the attorney, who may enforce the order in the attorney's name with the same force and effect, and in the same manner, as if the order had been made on behalf of any party to the action.

    This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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