Determining attorney fees | Florida Divorce Appeals

What are the main factors the court is supposed to consider when determining an attorney’s fee award in Florida?

Florida Statute 61.16 sets the standard for awards of attorney’s fees and costs in marital and family law cases.  The primary factors that must exist to support an attorney’s fee award is that one party must have a “need” for assistance with their attorney’s fees that the other party has the “ability to pay” those fees.

Of course, over the years, there is a wide body of case law interpreting what it means to have a “need” for attorney’s fees or “ability to pay” attorney’s fees.  Also, there are multiple technical requirements that must be present in the court’s fee order to support an attorney’s fee award. 

Did this answer your question?

Back to Appealing an Attorney's Fee Award

Call (561) 810-0170 or click here for more information about scheduling a consultation and strategy session with the Florida Divorce & Appellate lawyers of Bruce Law Firm, P.A..  The firm’s practice is limited to divorce and family law and represents clients in all of Florida’s appellate courts under fixed-fee pricing arrangements with a money back guarantee.  The firm shares fees with referring attorneys pursuant to Florida Bar rules.  All information on this website is subject to this Legal Disclaimer.  Click West Palm Beach Divorce Lawyer for the firm’s other divorce and family law website.