What Divorce Retainers Are and Why Attorneys Require Them in Los Angeles
If you’re consulting with a divorce attorney in Los Angeles, one of the first things you’ll discuss is cost, and that often starts with the retainer.
A divorce retainer is a prepayment that secures your attorney’s services. It’s not a flat fee or the total cost of your case; it’s a deposit that gets applied to hourly fees and case-related costs. But what exactly does a retainer cover, and why is it necessary?
Let’s break it down.
What Is a Divorce Retainer?
A retainer is an upfront payment that allows a divorce attorney to begin working on your case. Attorneys charge hourly for their time, and the retainer functions like a bank account — as your attorney works, their time and any costs (like court filing fees or deposition expenses) are billed against that balance.
In California, unearned retainer funds remain the client’s property and are held in a special trust account. Your attorney must return any unused funds at the end of the representation.
How Retainers Work in Divorce Cases
Most family law attorneys in Los Angeles do not charge flat fees for litigation. That’s because every case is different. Some divorces resolve quickly through negotiation; others involve multiple hearings, extensive discovery, or trial.
That’s why:
The initial retainer often doesn’t cover the entire case.
You may be asked to replenish the retainer as the case progresses.
Your attorney will send monthly invoices showing the time spent and remaining balance.
A retainer ensures that your attorney can act quickly when legal issues arise — and that they’re available to respond to your needs, your questions, or court deadlines.
Why Divorce Attorneys Require Retainers
There are two main reasons Los Angeles divorce attorneys require retainers:
To reserve their time and availability: When you hire a lawyer, you’re asking them to take on your case and make time for you.
To make sure your case can move forward without delay: Whether it’s filing a motion, scheduling a hearing, or responding to discovery, you need to be ready — and that requires funds.
Most divorce cases involve tight timelines, and delays can affect outcomes. A properly funded retainer allows your attorney to act quickly and decisively on your behalf.
Retainers Are Not a One-Time Payment — and That’s Okay
It’s a common misconception that a divorce retainer is the full cost of representation. In reality, it’s a starting point. Your lawyer can’t predict how cooperative the opposing party will be, how many hearings will be necessary, or whether discovery will be straightforward or contentious.
What you can do is:
Ask for estimates as the case progresses,
Review your monthly invoices,
Communicate regularly about strategy and costs,
Ensure that case strategy matches your goals.
Working with a trusted divorce attorney in Los Angeles means knowing you’re not just paying for legal time — you’re investing in strategy, availability, and peace of mind.
Common Questions About Divorce Retainers
Do I get my retainer back if I don’t use it all?
Yes. In California, any unused portion of your retainer must be refunded to you. Attorneys are legally required to keep these funds in a trust account until they are earned or used for case-related costs.
Is a retainer the same as the total cost of my divorce?
No. A retainer is an advance payment — not a quote for the total cost. Your attorney will bill against the retainer as work is completed, and you may need to replenish it depending on how your case unfolds.
Why can’t attorneys just bill me after the work is done?
Divorce cases are unpredictable. Attorneys need to be funded upfront so they can act quickly, pay filing fees, hire experts, and begin case strategy without delay. A retainer ensures your case can move forward without financial holdups.
Can my attorney raise the retainer later?
Sometimes, yes — especially in complex or high-conflict cases. You’ll usually receive notice and an explanation if your attorney believes additional funds are needed to continue representation.
How do I avoid surprise bills?
Ask for regular billing updates and keep an open dialogue with your attorney. A good firm will explain billing practices clearly and help you use legal resources efficiently.
Final Thoughts
At our firm, we provide transparent billing, responsive service, and experienced legal guidance. We want clients to understand how the retainer works — and how we use it to protect your interests and move your case forward.
Whether you’re just beginning the divorce process or responding to an urgent legal issue, having a properly funded retainer is the first step in building a strong case and a trusted attorney-client relationship.
Emily Rubenstein Law PC is a full service divorce and family law firm. We proudly serve Beverly Hills, West Hollywood, West Los Angeles, Santa Monica, Culver City, the South Bay, Glendale, Pasadena, Sherman Oaks, Studio City, Encino and all of Los Angeles County.
Give us a call or check out our website:
(310) 750-0827 | www.emilyrubensteinlaw.com
Emily Rubenstein Law, PC is a full-service divorce and family law firm. We proudly serve Beverly Hills, West Hollywood, West Los Angeles, Santa Monica, Culver City, the South Bay, Glendale, Pasadena, Sherman Oaks, Studio City, Encino and all of Los Angeles County.
On your side,
Emily Rubenstein, Esq.
Founding attorney
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