Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

Attorney’s fees can be requested in a Florida divorce based on need and ability to pay. A spouse who has not worked during the marriage, for example, may ask that the court require the working spouse to pay his or her attorney’s fees and costs. This is to “even the playing field” so-to-speak, so that each party has the opportunity to obtain competent legal counsel for the proceedings. In the case Bolliger v. Fries, 2D19-2587 (Fla. 2d DCA July 31, 2020), the former husband appealed a denial of his request for attorney’s fees and costs.

The specific statute that concerns a request for attorney’s fees and costs based in a Florida divorce case is Fla. Stat. 61.16. The former husband requested fees in his petition for divorce under this statute. After the parties’ trial regarding their divorce, the trial court took almost one year to enter the final judgment. the judgment only stated as to attorney’s fees and costs that each party would be responsible for their own. The former husband appealed the final judgment.

The Appellate court affirmed all portions of the final judgment except the attorney’s fees and costs provisions, finding the trial court did not properly consider the issue of need and ability to pay. The appellate court held “The trial court's disposition of the fee issue was inadequate. Section 61.16 authorizes an award of attorney's fees, suit money, and costs ‘after considering the financial resources of both parties.’ § 61.16(1). After all, ‘[t]he purpose of this section is to ensure that both parties will have a similar ability to obtain competent legal counsel’ in family law proceedings. [internal citations omitted]. Significantly, section 61.16(1) ‘expressly requires the court to make findings regarding the parties' respective financial needs and abilities to pay.’”

Payment of attorney’s fees may be a significant worry for both parties in a Florida divorce. Schedule a consultation with a Miami divorce lawyer to understand options you may have in reducing costs and fees in your case.