Awards of Attorney’s Fees in Florida Family Law Cases

Introduction

Legal representation is crucial in Florida family law cases, but the cost of hiring an attorney can be significant. Recognizing that financial disparities often exist between spouses or parents, Florida law allows courts to award attorney’s fees to one party in certain situations. These awards are designed to ensure that both parties have equal access to legal representation, preventing one party from gaining an unfair advantage due to financial resources.

This guide explains when attorney’s fees may be awarded in Florida family law cases, what factors courts consider, and how a party can request or challenge an award of legal fees.

Legal Basis for Attorney’s Fees in Florida Family Law Cases

Florida courts have the authority to award attorney’s fees under several statutes, including:

• Florida Statute 61.16 – Allows for the award of attorney’s fees in dissolution of marriage (divorce), custody, alimony, and child support cases.
• Florida Statute 742.045 – Authorizes attorney’s fees in paternity actions.
• Florida Statute 57.105 – Allows for the recovery of attorney’s fees if a case is found to be frivolous or lacking legal merit.

These statutes ensure that financially disadvantaged parties can participate in legal proceedings without being overburdened by costs.

Types of Attorney’s Fees in Florida Family Law Cases

Florida courts may award attorney’s fees in different ways, depending on the circumstances of the case.

1. Need-Based Attorney’s Fees

• Awarded when one party has significantly fewer financial resources than the other.
• Ensures that both parties have fair legal representation.
• Common in divorces where one spouse is the primary earner.

2. Contempt and Enforcement Attorney’s Fees

• If a party fails to comply with a court order (such as child support or time-sharing), the other party may recover legal fees incurred in enforcing the order.

3. Fees for Frivolous Litigation

• If a party files a frivolous or bad-faith motion, the court may order them to pay the other party’s attorney’s fees as a sanction.

4. Temporary Attorney’s Fees

• Courts may grant temporary legal fees at the beginning of a case to ensure fair representation while the litigation is ongoing.

How Courts Decide Whether to Award Attorney’s Fees

Florida courts do not automatically grant attorney’s fees—judges evaluate several factors before making a decision. Key considerations include:

1. Financial Resources of Both Parties

• Courts compare each party’s income, assets, debts, and financial obligations.
• If one party earns significantly more or controls most marital assets, the court is more likely to award fees.

2. The Reasonableness of the Fees Requested

• Courts assess whether the requested attorney’s fees are reasonable for the work performed.
• Excessive fees may be reduced or denied.

3. Good Faith and Conduct During Litigation

• If a party unnecessarily prolongs litigation or refuses to cooperate, the court may order them to pay additional attorney’s fees.

4. Complexity of the Case

• Cases involving high-conflict custody disputes, asset division, or complex financial issues may justify higher attorney’s fees.

5. Whether the Other Party’s Actions Caused the Need for Legal Fees

• If one party violates a court order, the other party may be reimbursed for legal fees incurred in enforcement proceedings.

Courts aim to level the playing field so that both parties can fairly present their case, even if one party has greater financial resources.

How to Request Attorney’s Fees in a Florida Family Law Case

To seek attorney’s fees, a party must:

1. File a Motion for Attorney’s Fees
   • The motion should state why an award is necessary and include supporting financial documents.
   • This is typically filed alongside the initial divorce, paternity, or support petition.
2. Submit a Financial Affidavit
   • Both parties must disclose their income, assets, debts, and expenses under Florida Family Law Rule 12.285.
3. Provide Documentation of Attorney’s Fees
   • The party requesting fees must submit an itemized list of legal costs incurred in the case.
4. Attend a Court Hearing
   • Both parties present arguments and financial evidence at the hearing.
   • The judge reviews the reasonableness and necessity of the requested fees.

If approved, the court will determine the amount of fees and which party must pay.

Can Attorney’s Fees Be Modified or Recovered Later?

Yes, attorney’s fees can be modified or recovered under certain conditions:

• If the financial circumstances of either party change, a party may request a modification of the fees awarded.
• If a party fails to pay court-ordered fees, the other party can file a motion for enforcement to collect unpaid legal costs.
• In cases involving hidden assets or fraud, courts may reassess attorney’s fees after new financial evidence is uncovered.

Defenses Against Paying Attorney’s Fees

If a party disputes an attorney’s fee request, they may argue:

• Financial inability to pay without creating hardship.
• The other party has sufficient income or assets to cover their own legal fees.
• The legal fees are excessive or unreasonable given the complexity of the case.
• The requesting party has engaged in bad faith litigation, prolonging the case unnecessarily.

A judge may deny or reduce an attorney’s fee request if it appears unfair or unnecessary.

How a Family Law Attorney Can Help

An experienced family law attorney can:

• File motions for attorney’s fees and present financial evidence.
• Defend against unfair attorney’s fee requests.
• Negotiate legal fee agreements to reduce litigation costs.
• Ensure compliance with court-ordered attorney’s fees.

At Bonderud Law, we help clients secure fair attorney’s fee awards and protect their financial interests during divorce, child custody, and support disputes. If you need assistance with attorney’s fees in a family law case, contact us today for a free consultation.

Conclusion

Florida courts may award attorney’s fees in family law cases to ensure both parties have equal access to legal representation. Courts consider financial need, litigation conduct, and case complexity when determining whether one party should cover the other’s legal costs.

If you are seeking attorney’s fees or defending against a fee request, consulting with an experienced family law attorneycan help you navigate the process and protect your financial rights.