When One Spouse Pays The Other’s Attorney’s Fees

The cost of divorce and family law litigation can be quite high, and the disparity in financial resources between the divorcing parties often gives rise to a critical question: who should pay the attorney fees. Florida rules do not strictly follow the “winner pays” rule. Rather, the courts are governed by the general rules of fairness and access to justice. In this article, we’ll discuss an important Florida family law case in which one party was required to pay the attorney fees to the other party. 

Background of the case 

In the aforementioned case, the litigants were involved in a long and litigious divorce proceeding, which involved issues of alimony, child support, and attorney fees. The wife moved to recover attorney fees under section 61.16 of the Florida Statutes. This statute allows the court to assign one party the attorney fees of the other. This is based on the financial status of the parties.

The trial court awarded attorney fees to the wife, but the issue eventually reached the Florida Supreme Court. The issue involved is what standard should be used to determine the evaluation of attorney fees in family law cases. 

The Supreme Court’s ruling 

The Supreme Court of Florida has held that the need and the ability to pay are the main, though not the only, considerations in making attorney fee determinations under section 61.16. The purpose of the statute is to provide both parties with substantial equal access to competent counsel. One party must not have an unfair advantage over the other due to financial disparities.

The Supreme Court of Florida has held that attorney fee determinations under section 61.16 are equitable in nature. The courts must consider the following factors, apart from need and the ability to pay:

• The scope of the litigation
• The history of the litigation
• The duration of the litigation
• The merits of each party’s position
• Whether either party has acted in bad faith to increase the cost of the litigation

The Supreme Court of Florida has held that the determination of attorney fees must not be based on the assumption that the party who has fewer resources must be granted attorney fees. 

Key takeaways 

This case provides guidance to anyone who is a part of family law litigation in Florida, and the following are the key takeaways from the case: 

• Attorney fees are not automatic – The party seeking attorney fees needs to prove that they have a financial need, and the other party needs to have the ability to pay. 

• Conduct matters – Attorney fees can be denied when one party’s conduct drove up the cost of litigation. By contrast, if one party drives up the cost of litigation, they can be assessed the other party’s attorney fees. 

• Equity is the controlling factor – The purpose of awarding attorney fees is to even the playing field of both parties.

The trial court has broad discretion to make a determination related to attorney fees. The appellate courts usually won’t interfere with the trial court’s decision unless the trial court abused its discretion. 

Talk to an Orlando, FL, Family Law Attorney Today 

Greater Orlando Family Law represents the interests of Orlando residents who are pursuing a divorce. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

law.justia.com/cases/florida/supreme-court/1997/86649-0.html