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. 

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