The short answer
Each spouse usually pays their own lawyer in a Florida divorce, but a judge can order one spouse to pay the other's reasonable attorney fees and costs under § 61.16, Florida Statutes. The judge decides mainly on one spouse's need and the other's ability to pay.
Who pays attorney fees in a Florida divorce?
Sometimes. In most Florida divorces, each spouse pays their own lawyer. But a judge can order one spouse to pay some or all of the other spouse's reasonable attorney fees and costs. The main test is need and ability to pay. One spouse needs help paying for a lawyer, and the other spouse can afford it.
Source: § 61.16, Florida Statutes (2026 Florida Statutes, current as of October 2026). It lets the court order a party to pay a reasonable amount for attorney fees, suit money (money to cover the cost of bringing the case) and costs, after looking at both spouses' financial resources.
This is not a "loser pays" rule. Winning the case does not by itself mean your spouse pays your lawyer. The goal, as the Florida Supreme Court and The Florida Bar Journal describe it, is to give both spouses a similar ability to hire a competent lawyer.
What does a judge look at when deciding who pays?
The judge starts with money: each spouse's income, savings, debts and what each will get in the divorce. Then the judge can weigh how each spouse behaved in the case.
In Rosen v. Rosen (Florida Supreme Court, 1997), the court said need and ability to pay come first, but they are not the only factors. A judge may also consider:
- Financial resources: Whether one spouse earns or owns much more than the other. If both are roughly equal, a fee award is unlikely.
- Property and support awards: Whether alimony or the property split already evens out the spouses' finances.
- Scope and history of the case: How long it lasted and how complex it was.
- Merits: Whether each side's positions were reasonable.
- Harassment: Whether a spouse filed or dragged out the case mainly to harass the other. A judge can deny fees to that spouse.
- Refusing court orders: In a case to enforce an order, § 61.16 bars fees for a spouse who refused to follow the order without a good reason.
Tip: You have to ask for fees. Request them in your petition (the paper that starts the divorce) or your answer, and keep your financial affidavit (a sworn form listing your income, expenses, assets and debts) accurate. The judge relies on it.
The judge also has to find the fees reasonable. Courts usually multiply a reasonable number of hours by a reasonable hourly rate. Padded bills or needless fights can be cut.
| Situation | Who usually pays | Why |
|---|---|---|
| Both spouses earn and own about the same | Each spouse pays their own lawyer | Neither spouse needs help to hire a lawyer |
| One spouse earns or owns much more | The higher earner may pay part or all of the other's fees | One spouse needs help and the other can afford it |
| One spouse files or drags out the case to harass | The judge may deny that spouse's fee request | Rosen v. Rosen lets judges weigh bad conduct |
Can I get fees paid while the divorce is still going?
Yes. A judge can order temporary fees, paid during the case, so you can keep your lawyer before the final hearing. The same need and ability to pay test applies.
To learn what a lawyer is likely to cost before you ask, read how much a divorce lawyer costs in Florida. Fights cost more, so see how much a contested divorce costs in Florida too.
If your spouse earns much more and you cannot afford a lawyer, talk to a family lawyer early. Bring recent pay stubs, tax returns and bank statements so the lawyer can judge whether a fee request makes sense.
Frequently asked questions
Can I get my spouse to pay my attorney fees in Florida?
Sometimes. Under § 61.16, Florida Statutes, a judge can order your spouse to pay part or all of your reasonable attorney fees if you need help and your spouse can afford it. You must ask for fees in your court papers and show your finances in a sworn financial affidavit. If you both have similar finances, a judge usually won't order it.
Do I need a lawyer for divorce in Florida?
No. Florida does not require a lawyer to get divorced, and you can use the Florida Supreme Court approved family law forms. A lawyer is wise when you have children, a home, retirement accounts, a business or a spouse who won't agree. A lawyer can also tell you whether to ask the court to make your spouse pay your fees.
Can I get divorced in Florida without a lawyer?
Yes. Many people handle a Florida divorce on their own, especially when both spouses agree on everything. You file a petition with the clerk of court in your county, exchange financial information and attend a final hearing. If your spouse hires a lawyer and you can't afford one, you can still ask the judge to order fees.
How can I reduce my Florida divorce attorney fees?
Settle what you can. Agreeing on issues outside court, organizing your financial records before meetings and using mediation all cut lawyer hours. Avoid fighting over small items and answer your lawyer's requests quickly. Ask whether your lawyer offers limited-scope help for just part of the case. If your spouse earns much more, ask about a fee request under § 61.16.
What additional costs should I expect in a Florida divorce?
Expect costs beyond lawyer fees. These can include the court filing fee, serving papers on your spouse, mediation, parenting classes when you have children, and experts such as appraisers or accountants. Under § 61.16, Florida Statutes, a judge can order one spouse to pay the other's costs as well as attorney fees, using the same need and ability to pay test.
Sources
- Section 61.16, Florida Statutes (2026): Attorney's fees, suit money, and costs, The Florida Legislature (Online Sunshine)
- Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997), Justia (Florida Supreme Court opinion)
- Family Law Fees: The High Points and the Current State of the Law, The Florida Bar Journal