What Is a Retainer
A retainer is an upfront payment you give to a divorce attorney to reserve their services and cover initial work on your case. The attorney holds this money in a trust account and deducts hourly fees or flat fees as work is completed. When the retainer runs out, you typically receive an invoice to replenish it, or you pay ongoing fees directly.
Why Retainers Matter in Divorce
Retainers serve practical purposes for both you and your attorney. They ensure the lawyer commits time to your case rather than deprioritizing it. For you, a retainer creates predictability about initial costs. Without one, you might face surprise bills mid-case when custody hearings, property division disputes, or spousal support negotiations intensify.
In contested divorces involving child custody or complex asset division, retainers typically range from $2,500 to $10,000 depending on your state and the attorney's hourly rate (which averages $200 to $400 per hour in most jurisdictions). Uncontested divorces with minimal property might require only $1,000 to $3,000.
How Retainers Work in Practice
- Initial payment: You pay the retainer when you sign the representation agreement with your attorney.
- Trust account: The money sits in an attorney trust account, separate from the firm's operating account. State bar associations require this separation.
- Billing against it: As your attorney works on discovery, filing court documents, attending custody evaluations, or negotiating property division, they bill hourly rates against the retainer.
- Replenishment: When the balance drops below a threshold (often $500), the attorney requests you replenish it. This continues throughout your case.
- Final settlement: Unused retainer funds are returned to you after the divorce is finalized and all work is completed.
Retainers Versus Flat Fees
Some attorneys offer flat fees for uncontested divorces instead of retainers. A flat fee (commonly $1,500 to $3,000 for simple cases) covers all standard work from filing through final judgment. Retainers are more common in contested cases because the scope of work is unpredictable. If custody disputes escalate or your spouse contests property division, costs rise quickly. A retainer gives you flexibility to extend representation as needed.
Common Questions About Retainers
- What if my case requires more than my retainer covers? Your attorney will request additional payments as work continues. Major milestones like temporary custody hearings, property valuation disputes, or spousal support calculations often trigger retainer requests.
- Can I get my retainer back? Yes. Any unused balance is returned after your case concludes and final invoices are paid. Some states require attorneys to return retainers within 30 days of case closure.
- Does the retainer cover court filing fees? No. Court filing fees, process server costs, and expert witness fees (for custody evaluators or forensic accountants in property division cases) are separate expenses billed in addition to attorney fees.