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. § 25-324When 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.