Can I Get My Spouse to Pay My Attorney Fees in Florida?

Can I get my spouse to pay my attorney fees in Florida?

Sometimes. A Florida judge can order your spouse to pay some or all of your attorney fees in a divorce. The judge first looks at both spouses' money. If you need help paying a lawyer and your spouse can afford to pay, an award is likely. You can ask at the start of the case, not only at the end.

The rule comes from § 61.16(1), Florida Statutes (checked October 2026), which says:

"The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney's fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings and appeals."

The Supreme Court of Florida explained in Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997), that the goal is to give both spouses a similar ability to hire a competent lawyer.

What does a Florida judge look at before ordering fees?

Need and ability to pay come first. The judge asks whether you need help paying and whether your spouse is able to pay. Under Rosen v. Rosen, the judge can also weigh how each side behaved in the case.

• Need: whether you can pay your own lawyer from your income and assets.
• Ability to pay: whether your spouse earns or owns enough to cover your fees.
• Behavior in the case: whether either spouse dragged things out or filed claims just to harass.
• Merits: how reasonable each side's positions were.
• Property split: whether dividing the property, called equitable distribution, already evens out your finances.
• Reasonable amount: the judge only orders a fair rate for a fair number of hours, not every bill.

You show your finances with a sworn form called the Family Law Financial Affidavit. That is Form 12.902(b) if you earn under $50,000 a year, or Form 12.902(c) if you earn $50,000 or more.

Tip: You can ask for temporary fees, meaning money your spouse pays while the case is still open. Florida courts use the same need-and-ability test for temporary fees as for final ones.

Warning: Section 61.16 also covers enforcement cases. A judge generally will not award fees to a spouse who refused to follow a court order without a good reason.