Posted by Nydia Streets of Streets Law in Divorce

Similar to the way a Miami divorce court awards alimony to a spouse who needs it, attorneys’ fees can be awarded to a lesser-earning spouse. This is so that both spouses have equal opportunities to obtain legal help in divorce cases despite a disparity in incomes.

a spouse seeking to have his or her attorneys’ fees paid by the other party must show need and ability to pay - that is the need of the spouse asking for fees and the ability of the other spouse to pay them after considering the income and expenses of both parties. In some cases, it is possible that one spouse will pay alimony, attorneys’ fees and child support to the lesser-earning spouse - it does not matter who the “winner” or “loser” is in most cases. 

One way to defend against payment of these fees is to point out the other party’s non-compliance with court orders and/or the other party’s frivolous litigation. Under Florida divorce law, the court may not award fees if such behavior is present. 

If you’re facing an attorneys’ fee judgment or you need help with paying your attorney’s fees, a consultation with a Miami divorce lawyer may help you decide the best way to move forward. Contact one to set your appointment.