According to the California Family Code, each party has the right to legal representation in a divorce, legal separation or annulment proceeding. This means that one spouse may be required to pay the attorney fees of the other spouse. This can be based on factors like income, future earning capacity, assets, debts, age and health of each party, duration of the marriage, and the ability of a party to be gainfully employed without unduly interfering with the interests of the dependent children in the care of that party.