Fourth District, Division 2 So Holds in Unpublished Decision.
In Marriage of Weatherup, Case No. E045519 (4th Dist., Div. 2 Oct. 29, 2009) (unpublished), the Court of Appeal affirmed a $90,000 attorney’s fees award in favor of wife and against husband, broken down as $35,000 in Family Code section 271 sanctions and $55,000 in Family Code section 2030 “needs” fees. Although the evidence showed that there was a disparity in income and reserve net worth between the two sides, the affirmance is noteworthy for one of the factors used to sustain the “needs” award.
Specifically, both the trial and appellate courts found that it was unfair to have wife deplete retirement assets to pay for continued legal representation in the dissolution case where the effect would be that she incurred substantial withdrawal penalties. (Cf. In re Marriage of Olson, 14 Cal.App.4th 1, 12-13 (1993).) We have not seen this factor weighted in previous 2030 decisions, although it does appear to be one that can be properly considered under appropriate circumstances.