Do I have to pay her (his) attorney?

It depends. If one spouse has a significant income and the other is a homemaker it is likely the homemaker spouse will be awarded some (but not usually all) attorneys fees. If I am asked these questions under those circumstances my answer is that you have the exposure of contributing to the attorneys fees of the homemaker spouse.

Generally, if both spouses have careers and have earnings and incomes which are similar and neither has significant separate property there will be little exposure to contributing to the attorneys of the other. However, an award of fees while usually based upon a comparison of their relative financial circumstances of each of the parties can also be based upon one of the parties asserting positions that are later deemed to be frivolous, groundless and without substantial justification. In those cases attorneys fees may be awarded based upon this conduct.

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