Who Pays Attorney Fees in Florida Divorce? Getting Your Spouse to Pay in 2026

Can You Make Your Spouse Pay Your Attorney Fees in a Florida Divorce?

Yes, Florida courts can order one spouse to pay the other's attorney fees in a divorce case. Under Florida Statute 61.16, courts have the authority to award attorney fees based on the financial need of one party and the ability of the other party to pay. This is not automatic, and you must specifically request it. In my experience handling these cases across Florida, I have seen fee awards range from a few thousand dollars to well over six figures in high-asset divorces.

The short answer to who pays attorney fees in divorce in Florida is this: each party typically starts by paying their own fees, but the court can shift some or all of those costs to the other spouse when there is a significant financial disparity between the parties.

Let me walk you through exactly how this works in 2026 and what you need to do to request that your spouse pay your lawyer fees.

Understanding Need-Based Attorney Fees in Florida

The primary way Florida courts award attorney fees in divorce cases is through what we call need-based fees. This concept is rooted in the principle that both parties should have relatively equal access to legal representation, regardless of who controlled the finances during the marriage.

How Courts Determine Financial Need

When evaluating a request for need-based attorney fees, the court looks at several factors:

• Each party's current income and earning capacity
• The assets and liabilities each party will receive in the divorce
• Each party's financial resources, including separate property
• The standard of living established during the marriage
• The complexity of the legal issues involved

In my experience, the most successful requests for attorney fees divorce Florida cases involve a clear demonstration of financial disparity. If one spouse earns $200,000 per year while the other has been a stay-at-home parent with no income, the court is much more likely to order the higher-earning spouse to contribute to attorney fees.

The Two-Prong Test

Florida courts apply a two-prong test when awarding need-based fees:

Both prongs must be satisfied. Even if you genuinely cannot afford an attorney, if your spouse is also financially struggling, the court may decline to award fees. Similarly, if your spouse has significant resources but you also have the ability to pay your own fees, the court may find no need exists.

Suit Money: Getting Fees Paid During the Divorce

One of the most important concepts for Florida divorce litigants to understand is suit money, sometimes called temporary attorney fees. This refers to fee awards made during the divorce proceedings, before the case is finalized.

Why Temporary Fees Matter

Waiting until the end of a divorce to request attorney fees creates a significant problem: how do you afford to litigate the case in the first place? Florida law recognizes this catch-22 and allows parties to request temporary fee awards early in the case.

Under Florida Statute 61.071, the court can order the payment of reasonable sums for suit money, including attorney fees, to either party at any time during the divorce proceedings. This ensures that both parties can meaningfully participate in the legal process.

How to Request Suit Money

To request suit money in your Florida divorce, you typically need to:

I have seen courts award temporary fees as early as a few weeks into a case when the financial disparity is obvious. Do not wait until you are out of money to make this request.

Other Grounds for Attorney Fee Awards

Beyond need-based fees, Florida law provides several other grounds for requesting that your spouse pay your attorney fees.

Bad Faith Litigation Conduct

Under Florida Statute 57.105, courts can award attorney fees as a sanction against a party who engages in bad faith litigation conduct. This includes:

• Filing frivolous motions or pleadings
• Pursuing claims with no reasonable basis in law or fact
• Unnecessarily prolonging litigation
• Failing to comply with discovery obligations
• Making false statements to the court

If your spouse is dragging out the divorce, hiding assets, or filing motion after motion with no legitimate purpose, you may be entitled to have them pay your fees for responding to that misconduct. For more on the consequences of deceptive behavior during divorce, see our article on hiding assets in Florida divorce.

Enforcement and Contempt Proceedings

When one party violates court orders and the other must file a motion for enforcement or contempt, Florida Statute 61.16 specifically authorizes the court to award attorney fees to the prevailing party. If you have to drag your spouse back to court because they are not following the divorce decree, you should request that they pay the fees you incurred to enforce compliance.

Prevailing Party Fees in Certain Disputes

In some specific situations, Florida law allows for prevailing party fee awards. This is less common in family law than in commercial litigation, but it can arise in disputes over marital settlement agreements that include prevailing party fee provisions.

The Process of Requesting Attorney Fees

Understanding the procedural requirements for requesting attorney fees is critical. Missing a deadline or failing to properly plead your request can result in a waiver of your right to fees.

Step 1: Plead for Fees in Your Petition or Answer

Your request for attorney fees should be included in your initial pleading. If you are the petitioner, include a request for fees in your petition for dissolution of marriage. If you are the respondent, include the request in your answer and counterpetition.

Step 2: Provide Financial Documentation

Both parties must file financial affidavits in Florida divorce cases. These documents are essential to establishing need and ability to pay. Be thorough and accurate when completing your financial affidavit, as any inconsistencies can undermine your request.

Step 3: File a Motion for Temporary Fees if Needed

If you need fees paid during the litigation, file a motion for temporary attorney fees as early as possible. Include:

• A statement of your financial need
• Documentation of your spouse's income and assets
• An itemization of fees incurred or expected
• A proposed payment schedule

Step 4: Attend the Fee Hearing

The court will typically hold a hearing on attorney fee requests. Be prepared to testify about your financial situation and present evidence supporting your claim. Your attorney should also be prepared to justify the reasonableness of the fees incurred.

Step 5: Follow Up on Final Fee Awards

At the conclusion of the case, the court will make a final determination regarding attorney fees. This is your opportunity to request reimbursement for all fees incurred throughout the litigation, not just temporary fees.

Factors That Strengthen Your Fee Request

In my experience practicing family law across Florida, certain factors consistently lead to more favorable attorney fee awards.

Clear Financial Disparity

The more obvious the income gap between you and your spouse, the stronger your case for fees. Courts are particularly sympathetic when one spouse controlled all finances during the marriage while the other had limited access to marital funds.

Detailed Documentation

Provide the court with detailed billing records showing exactly what work was performed and why. Vague time entries like "legal research" are less persuasive than specific entries describing the issue researched and its relevance to the case.

Reasonable Fee Rates

Your attorney's hourly rate must be reasonable for the community and the complexity of the case. Miami rates may differ from those in Pensacola or Jacksonville. Courts regularly reduce fee awards when they find the hourly rate excessive.

Necessity of the Work Performed

Every task your attorney bills for should be necessary to advance your case. If your spouse can argue that your attorney spent excessive time on unnecessary matters, the court may reduce the award.

Your Spouse's Behavior

If your spouse has unnecessarily driven up litigation costs through bad faith conduct, make sure to document this and bring it to the court's attention. Their behavior can justify a larger fee award.

What If You Are the Higher-Earning Spouse?

If you are the spouse with greater financial resources, you should be prepared for the possibility of a fee award against you. However, this does not mean you must simply accept whatever the other side requests.

Challenging Unreasonable Fee Requests

You have the right to challenge the reasonableness of the fees your spouse claims. This includes questioning:

• Whether the hourly rate is appropriate
• Whether the work performed was necessary
• Whether the total amount is proportional to the issues in the case
• Whether your spouse actually has a need for fees

Negotiating Fee Arrangements

In many cases, attorney fees become a negotiating point in settlement discussions. You may be able to agree to pay a portion of your spouse's fees in exchange for concessions on other issues like alimony or asset division.

How Attorney Fees Interact With Other Financial Issues

Attorney fees do not exist in a vacuum. They interact with other financial aspects of your divorce in important ways.

Asset Division Considerations

When dividing marital assets under Florida's equitable distribution statute, courts may consider attorney fees already paid as part of the overall financial picture. If one spouse used marital funds to pay their attorney while the other did not have access to those funds, this may be addressed in the property division. Learn more about how Florida handles debt division in divorce.

Alimony and Attorney Fees

The same factors that support an alimony award often support an attorney fee award. If you are seeking alimony based on your need and your spouse's ability to pay, you should also be requesting attorney fees on the same grounds.

Health Insurance and Other Financial Concerns

Your overall financial situation, including issues like health insurance coverage after divorce, plays into the attorney fee analysis. Courts look at the complete financial picture when determining need and ability to pay.

Practical Tips for 2026

Here are my practical recommendations for anyone dealing with attorney fees in a Florida divorce in 2026:

If you are concerned about affording legal representation in your divorce, a strategy session can help you understand your options and create a plan to address the fee issue.

When Courts Deny Attorney Fee Requests

Not every request for attorney fees is granted. Courts commonly deny fee awards when:

• Both parties have similar financial resources
• The requesting party has sufficient separate assets
• The fees claimed are unreasonable or excessive
• The request was not properly pled or was untimely
• The party requesting fees has engaged in bad faith conduct themselves

Understanding why fee requests fail can help you avoid these pitfalls in your own case.

Taking the Next Step

If you are facing a Florida divorce and worried about how to pay for legal representation, know that options exist. The law specifically contemplates situations where one spouse needs financial help to participate meaningfully in the legal process.

Whether you need comprehensive representation or targeted help with specific issues like requesting attorney fees, understanding your rights under Florida Statute 61.16 is the first step toward leveling the playing field.

Consider scheduling a consultation to discuss your specific situation and explore whether you may be entitled to have your spouse pay your attorney fees.

This article provides general information about Florida divorce law and is not legal advice. Every case is unique. For advice specific to your situation, schedule a consultation with a Florida-licensed attorney.