A court may award attorney fees and costs as a sanction under Family Code section 271 based on conduct that frustrates settlement or the effort to reduce litigation costs through cooperation.

What the court considers

The court considers the parties’ incomes, assets, and liabilities. The party requesting an award does not have to demonstrate financial need, but the sanction cannot impose an unreasonable financial burden on the party ordered to pay. Section 271 states no fixed dollar maximum.

Notice and an opportunity to be heard

A sanction may be imposed only after the party facing it receives notice and an opportunity to be heard. A request should identify the conduct at issue, the fees and costs sought, and the supporting evidence. An unfavorable result or a disagreement about settlement does not by itself make a sanction automatic.

Who pays

The award is payable from the sanctioned party’s property or income and may reach that party’s share of community property. Although the statute considers conduct by parties and attorneys, subsection (c) makes the payment obligation the party’s.

Different kinds of fee awards

Section 271 addresses litigation conduct. Need-based fee awards serve a different purpose: access to representation. 177 Sanctions concern a separate statute, with money payable to the court. Identify the legal basis for a request rather than treating all fee awards as interchangeable.

Source: California Legislative Information, Family Code section 271. Reviewed October 24, 2026.