Attorney’s Fees in Florida Family Law Cases

One of the most common—and most misunderstood—questions in Florida family law cases is whether one party can be required to pay the other party’s attorney’s fees. Individuals facing divorce or child custody proceedings often assume that attorney’s fees are automatically awarded, particularly when one spouse earns more income or controls more assets. Florida law, however, does not work that way.

Attorney’s fees in Florida divorce and family law cases are governed primarily by section 61.16 of the Florida Statutes. While Florida courts do have authority to award attorney’s fees, those awards are not routine, automatic, or intended to punish a party. Instead, decisions regarding attorney’s fees are highly fact-specific and rooted in principles of equity and fairness.

There is no rule in Florida requiring the party who files for divorce to pay the other party’s attorney’s fees. There is likewise no rule that the party who ultimately “loses” a divorce, custody, or timesharing case must pay the other side’s legal fees. A disparity in income alone does not automatically result in an award of attorney’s fees. Courts are required to evaluate the financial circumstances of both parties and determine whether a fee award is necessary to ensure meaningful access to legal representation.

Florida courts apply what is commonly referred to as the “need and ability to pay” analysis when determining attorney’s fees in family law cases. Under section 61.16, a court may order one party to contribute to the other party’s attorney’s fees after considering the financial resources of both parties. In practice, this means the court must determine whether one party has a genuine financial need for assistance with legal fees and whether the other party has the ability to pay without suffering undue hardship.

Attorney’s fees in Florida family law cases are not intended to punish a party or reward litigation success. Rather, they are designed to level the playing field so that one spouse or parent is not placed at a significant disadvantage in divorce or custody litigation due to lack of financial resources. Courts may award attorney’s fees on a temporary basis while a case is pending, at the conclusion of the case, or both, depending on the circumstances presented.

Although attorney’s fees are not technically punitive, litigation conduct can influence whether and to what extent fees are awarded. Florida courts may consider whether a party has unnecessarily prolonged litigation, failed to comply with financial disclosure requirements, engaged in excessive or meritless motion practice, or otherwise acted unreasonably during the case. When one party’s conduct significantly increases the other party’s legal expenses, courts may take that conduct into account in addressing the resulting financial imbalance.

Attorney’s fees are not limited to initial divorce or child custody proceedings. Florida courts may also award attorney’s fees in post-judgment enforcement and modification actions, including cases involving enforcement of child support, alimony, or timesharing orders, as well as petitions to modify prior court orders. In these matters, courts again focus primarily on need and ability to pay, while also considering the circumstances that made additional litigation necessary.

Attorney’s fees may also be awarded in Florida family law appeals. At the appellate level, courts primarily evaluate the relative financial resources of the parties unless an appeal is deemed frivolous. Even when a party prevails on appeal, attorney’s fees are not automatic and remain subject to the same equitable considerations that apply at the trial court level.

Contempt proceedings are treated differently from other family law matters. In contempt actions involving willful violations of court orders, Florida courts have authority to assess attorney’s fees and costs against the party found in contempt, provided the court determines that the contemptor has the ability to pay. In this context, attorney’s fees are tied to enforcement of court authority and compliance with prior court orders rather than solely to financial disparity between the parties.

Attorney’s fees can significantly affect the overall financial outcome of a Florida divorce or family law case. Decisions made early in litigation—including how aggressively a case is pursued, whether reasonable settlement opportunities are explored, and how financial disclosure obligations are handled—can all influence how a court ultimately views attorney’s fees. A clear understanding of how Florida courts approach attorney’s fees is essential to managing both litigation strategy and financial exposure.

If you have questions about attorney’s fees in a Florida divorce, custody, or post-judgment matter, it is important to obtain advice tailored to your specific financial situation and legal objectives. An experienced Tampa divorce and family law attorney at The Law Office of Laura A. Olson, P.A. can evaluate your case, explain your potential exposure or entitlement to attorney’s fees, and help you make informed decisions at every stage of the process.

Sources:

Florida Statutes, § 61.16 (Attorney’s fees, suit money, and costs):

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.16.html

Florida Rules of Criminal Procedure, Rule 3.840 (Indirect criminal contempt)

flcourts-media.flcourts.gov/content/download/217910/file/Florida-Rules-of-Criminal-Procedure.pdf