In a Florida divorce proceeding, courts agree that when considering whether to award attorney’s fees “need and ability to pay” is the primary consideration by the court. The purpose of the fee statute, Fla. Stat. § 61.16, is to insure that both spouses in a divorce proceeding will have a similar ability to obtain competent
Fla. Stat. 61.16
Opposing Attorney’s Fees in a Florida Divorce
By Fox Rothschild LLP on
Posted in Divorce & Family Law
In a Florida divorce proceeding, a party seeking attorney’s fees usually does so under Fla. Stat. § 61.16. The purpose of section 61.16 is ensure that both parties in a divorce have the ability to seek competent legal counsel. Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980). There are several ways in which a…