Family Law: $75,000 Pendente Lite Attorney’s Fee Award To Ex-Wife Was No Abuse Of Discretion

There Was A Disparity In Assets/Cash Flow So As To Justify The Award.

            The appellate court in Marriage of Azmoon, Case No. B277654 (2d Dist., Div. 7 Oct. 23, 2018) (unpublished) affirmed a $75,000 pendente lite attorney’s fees award to ex-wife under Family Code sections 2030/2032/4320. It was made payable $5,000 per month and the record showed that wife’s monthly expenses outstripped her income, ex-husband had much more income and assets upon which to draw, and ex-wife was the primary caregiver for their daughter. Beyond that, ex-husband did not file an opposition such that there was no great basis for a continuance to allow for a future submission of opposing papers. The amount of the fee award was sustained because the court can use its own observations as to how much is needed given the conduct of the parties in the litigation.

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