Posted by Nydia Streets of Streets Law in Florida Divorce

Can the other spouse be ordered to pay my attorney’s fees in a Florida divorce case? Yes, this is possible, if the spouse asking for attorney’s fees to be paid shows the need for it, and also shows that the other spouse has the ability to pay. This was an issue in the case Freeborn v. Freeborn, 4D20-1124 (Fla. 4th DCA May 19, 2021).

The former wife appealed three parts of the final judgment of divorce: “(1) denying her request for alimony; (2) failing to include Former Husband’s overtime income in calculating the child support amount; and (3) denying her request for attorney’s fees without making a finding as to need and ability to pay.” The appellate court affirmed as to the first two issues, but agreed with the former wife on the third issue. The appellate court held: “In denying Former Wife’s request for attorney’s fees, the court simply ordered that ‘each party shall be responsible for his or her attorney’s fees and costs incurred herein.’ The court made no reference to the parties’ relative financial needs and abilities. This was error as a ‘trial court cannot deny a request for attorney’s fees under section 61.16 without making findings as to one party’s ability to pay an award of fees and the other party’s need for the payment of fees.’”

Schedule a consultation with a Miami family law attorney to understand how the law may apply to the facts of your case.