Can I Get Attorney Fees Paid in Florida

Can the court order the other side to pay my attorney fees?

Yes. Florida Statutes § 61.16 authorizes courts to award attorney fees and costs in family law proceedings to ensure that both parties have a meaningful opportunity to present their case, regardless of the financial disparity between them.

Unlike typical civil litigation (where each party pays their own attorney), Florida family court can order the more financially able party to contribute to the other party's legal costs. This is not a punishment — it is an equalization mechanism to prevent the wealthier party from using resources to overwhelm the other side.

The need-and-ability-to-pay standard

Under § 61.16, the court considers two things:

• Financial need of the requesting party — can they afford to retain or maintain legal representation without the award?
• Ability to pay of the other party — does the other party have the financial resources to contribute to the requesting party's fees?

The court also considers whether the requesting party's position in the litigation was reasonable and whether the other party engaged in any bad-faith or dilatory tactics that increased the costs.

Temporary attorney fees during the case

You can request temporary attorney fees before the case resolves to ensure you can retain counsel for the duration of the proceeding. This is often critical when one party has significantly more resources than the other.

A motion for temporary attorney fees is heard at a preliminary hearing. The court may order an interim payment directly to your attorney while the main case is pending.

Sanctions for bad-faith litigation

Beyond need-based fees, Florida courts have authority to sanction a party who litigates in bad faith, files frivolous motions, or engages in conduct that unnecessarily increases the cost of the proceedings. This authority comes from § 57.105 (sanctions for frivolous claims) and the court's inherent power to manage its docket.

Under § 57.105, if a party files a claim or defense that the court determines is frivolous — meaning it is not supported by existing law or a good-faith argument for changing the law — the court may award attorney fees against that party and their attorney jointly.

How to request attorney fees

To request attorney fees in a Florida family law proceeding:

1. Include the request in your initial petition or response (or file a separate motion)
2. File your Financial Affidavit (Form 12.902(b) or 12.902(c)) documenting your income, expenses, assets, and liabilities
3. Serve the other party with a copy of your fee motion
4. Attend a hearing where the court evaluates need and ability to pay
5. If the court awards fees, provide documentation of the actual fees incurred (attorney bills, time records)

Self-represented litigants and fee awards

If you are representing yourself and the other party has an attorney, you may still request that the court order the other party to contribute to your costs — including filing fees, process server fees, and other out-of-pocket litigation expenses. You cannot request attorney fees per se if you have no attorney, but you can request costs under § 61.16.