In re Marriage of O'Connor

In In re Marriage of O'Connor (1997) 59 Cal.App.4th 877, the wife claimed that since the husband had the ability to pay his own fees, the trial court ignored the requirement of making a finding of need. (Ibid.) Division One of this district disagreed, concluding that in light of the 1990 amendments to the statute the trial court had to consider the "relative" circumstances of the parties, and that financial resources are only one factor for the court to consider. Thus, the trial court has the discretion to permit an award even if the spouse has sufficient resources to pay attorney fees and costs from his or her own pocket. (Ibid.)