family court; attorney fees; cap

Plain English Breakdown

The bill adds a new statute (25-1502) but does not explicitly state how 'disposable income' is calculated.

SB1657: Limits on Attorney Fees in Family Court

This law requires family courts to pay attorney fees from shared marital assets first and sets a maximum limit if those assets do not exist.

What This Bill Does

• Requires the court to order that total attorney fee awards come from community assets of both parties in divorce or domestic cases.
• Allows the court to charge one party directly only when there are no community assets available.
• Caps direct charges against a single party at either 15 percent of their disposable income or $8,000, whichever amount is higher.
• Adds new section 25-1502 to Arizona Revised Statutes regarding domestic relations proceedings.

Who It Names or Affects

• Courts handling marital dissolution and domestic relations cases in Arizona
• Parties involved in divorce, legal decision-making, or parenting time disputes

Limits and Unknowns

• The official text does not define how 'disposable income' is calculated.
• The effective date depends on the general effective date for laws passed in this session.

Official Summary Text

SB1657 - 572R - Senate Fact Sheet

Assigned to
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ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

FACT SHEET FOR
S.B. 1657

family court; attorney
fees; cap

Purpose

Requires the
court to award attorney fees from the community assets of the parties in a
marital or domestic relations proceeding, except when there are no community
assets the court may award attorney fees in an amount up to 15 percent of a
party's disposable income or $8,000, whichever is greater.

Background

After
considering the financial resources and reasonableness of the positions taken
by each party in any dissolution of marriage, legal decision-making or
parenting time proceeding the court may order a party to pay reasonable costs
and expenses to the other party for maintaining or defending the proceeding. On
request of a party or another court of competent jurisdiction, the court must
make specific findings concerning the portions of awarded fees and expenses
that are based on the financial resources of the parties and the reasonableness
of the positions taken. The court must award reasonable costs and attorney fees
to the other party if it finds that a party filed a petition that is: 1) not
filed in good faith; 2) not grounded in fact or based on law; and 3) filed for
an improper purpose, including to harass the other party, cause an unnecessary
delay or to increase the cost of litigation to the other party. Costs and
expenses may include attorney fees, deposition costs and other reasonable
expenses as the court finds necessary (
A.R.S.
� 25-324
).

There is no
anticipated fiscal impact to the state General Fund associated with this
legislation.

Provisions

1.

Requires the court, when entering an award of attorney fees in a marital
or domestic relations proceeding, to order that the total award be paid from
the community assets of the parties, unless there are no community assets.

2.

Caps the amount of attorney fees that the court may assess against a
party when there are no community assets at 15 percent of that party's
disposable income or $8,000, whichever is greater.

3.

Becomes effective on the general effective date.

Prepared by Senate Research

February 16, 2026

ZD/KS/ci

Current Bill Text

SB1657 - 572R - S Ver

Senate Engrossed

family court;
attorney fees; cap

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1657

AN
ACT

amending title 25, chapter 11, article 1,
arizona revised statutes, by adding SECTION 25-1502; relating to domestic
relations proceedings.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Title 25, chapter 11, article 1,
Arizona Revised Statutes, is amended by adding section 25-1502, to read:

START_STATUTE
25-1502.

Domestic relations proceedings; attorney fees

In any proceeding brought pursuant to this
title, if the court enters an award of attorney fees, the court shall order
that the total award of attorney fees be paid from the community assets of the
parties.� If there are no community assets, the court may not assess attorney
fees against a party in an amount that exceeds fifteen percent of that party's
disposable income or $8,000, whichever is greater.
END_STATUTE