By: Iman Zekri, Esquire

Divorce is not just about dividing assets. While the emotional toll, the paperwork, and the life changes that divorce brings are stressful, the cost of legal fees often adds another layer of worry. Florida divorce law sometimes shifts the responsibility for payment of attorney’s fees from one spouse to the other. Understanding if you could be responsible for paying your spouse’s legal bills, or if you can hold your spouse responsible for paying your attorney’s fees can help you plan ahead if you are thinking about or currently going through a divorce.

Florida’s Attorney’s Fees Statute

The Florida law that addresses attorney’s fees in divorce cases is Section 61.16 of the Florida Statutes. That law gives judges the authority to decide whether one spouse should pay for the attorney’s fees of the other spouse in a divorce. The statute’s main purpose is to ensure both parties have access to legal representation and to level the playing field when one spouse has more financial resources than the other.

Under Florida law, courts consider several factors, including:

• Each spouse’s income and assets;
• The complexity of the case;
• The need for one party to defend or assert his or her rights; and
• Whether one party has unnecessarily prolonged the case.

Florida law does not create an automatic rule that the wealthier spouse must pay the lower-earning spouse’s fees. Courts have to consider fairness in making fee awards.

Rosen v. Rosen

In addition to the statute itself, the Florida Supreme Court case of Rosen v. Rosen provides important guidance on how Florida law concerning attorney’s fees is applied in a divorce. In Rosen v. Rosen, the Florida Supreme Court explained how Section 61.16 should be interpreted. The case emphasized that although the parties’ financial disparity is the primary focus in awarding fees, courts should also examine the parties’ behavior during the litigation.

The Rosen case highlights that:

1. Litigation Conduct Matters. A spouse who acts in bad faith, engages in excessive litigation, or needlessly drives up costs may be ordered to pay attorney’s fees. Also, if a lower-earning spouse engages in senseless litigation to delay a case, the wealthier spouse might not be required to cover their attorney’s fees.
2. Fairness is Key. Fee awards should be based on fairness. Courts do not want to discourage legitimate claims or defenses.
3. Discretionary Authority of Judges. Trial courts have significant discretion to allow or deny a request for attorney’s fees, as long as their rulings are supported by the evidence.

Wrona v. Wrona

In addition to the Rosen case, Wrona v. Wrona also shaped Florida law on attorney’s fees by emphasizing the need to consider avoidable fees. In Wrona, Florida’s Second District Court of Appeal warned against wasting marital resources on unnecessary legal battles. The decision explained that when one party causes avoidable litigation, the judge can adjust the division of marital assets so that the responsible party bears the cost. The Wrona case also made clear that money spent on needless attorney’s fees should not reduce the funds available for child support or alimony.

Practical Implications

Knowing what factors Florida courts use to decide who pays attorney’s fees in a divorce is essential. While a spouse with limited financial means may expect some contribution toward his or her attorney’s fees, the outcome ultimately depends on the parties’ financial situation, litigation conduct, and fairness.

To increase the likelihood of securing a fee award:

• Be transparent and reasonable in litigation.
• Avoid unnecessary delays or unsupported arguments.
• Document your financial needs and resources.

To reduce the risk of paying your spouse’s attorney’s fees:

• Be reasonable, avoid delay tactics, and only focus on the relevant issues.
• Provide complete and accurate financial information.
• Document your efforts to resolve conflicts.

If you will be going through a Florida divorce and have questions, you should speak with a Florida divorce attorney who can help protect your interests. To schedule an initial consultation with me, you can email me at iman.zekri@henlaw.com or call me at (239) 344-1119.