Who Pays Attorneys’ Fees in a Florida Divorce Case?

In Florida, the issue of attorneys’ fees and costs is typically handled on a case-by-case basis, considering the individual’s need and ability to pay. This means that if one party makes a significant amount more than the other party or has a lot more financial resources than the other party, in order to balance the playing field, the court has the power to make one party contribute towards the other side’s reasonable attorneys’ fees and costs. 

Understanding How Attorneys’ Fees and Costs Work

Often, clients ask me whether or not the issue of attorneys’ fees is based on which party actually wanted to file for divorce in the first place, but this is not the standard at all. In order to properly evaluate this issue, the court has to look at one party’s need and the other side’s corresponding ability to pay. The judge is not required to award 100% of the attorneys’ fees. 

Typically, it is not fair that one party, which does not have access to a lawyer, would be unfairly and severely prejudiced. Therefore, the law allows both parties to litigate on equal footing, so the court has discretion to order one party to contribute towards the other side’s attorneys’ fees. 

For example, if a husband earns $150,000 a year and his wife is a stay-at-home mom with no real income, there is no way she would be able to litigate against him due to a lack of financial resources for her lawyers’ fees. In that particular case, a judge may require the husband to be responsible for a portion, if not all, of the wife’s reasonable attorneys’ fees and costs. 

Our firm handles divorce and family law cases throughout Florida. If you have more questions, please call us, and we will be happy to talk to you and provide you with more details.

Speak With a Florida Family Law Attorney Today

The Florida family law attorneys at Winthrop Law Offices, P.A., are dedicated to providing every client with the answers they need to make informed decisions. Contact our firm today to schedule a free consultation.