Under California family law, who pays the attorneys’ fees is based primarily on the concepts of “need” and “ability to pay.” The bottom line is that the business owner or professional most often ends up paying for both attorneys.
Many attorneys representing the non-business-owner spouse take this to mean that they have a blank check to represent their client. California law is clearly to the contrary. It holds that attorneys’ fees must not only be reasonable, but must also have been necessary.
This means that to the extent your attorney understands what the other attorney reasonably needs to represent their client, provides it, and understands the law as it relates to attorneys’ fees, you will end up paying less in the end toward your spouse’s attorneys’ fees.
This is one of the most emotional areas of family law. As a business owner or professional, your attorney must be able to communicate with you in a way that helps you understand that when you own a business and are going through a divorce, the attorneys’ fees become a business expense.
In fact, an experienced business or professional divorce attorney can break down his or her bill so that, to the extent you incur fees to protect your interest in your business or professional practice, those fees may be deductible on your tax return.