When Can You Get Attorney’s Fees From Your Spouse in a Florida Divorce?
One of the most common questions I hear in divorce consultations is:
“Can my spouse be ordered to pay my attorney’s fees?”
The answer in Florida is: sometimes — but not automatically. And a recent case from the District Court of Appeal of Florida, Fourth District, Graydus v. Graydus, is a good reminder of how and when attorney’s fees are (and are not) awarded.
The Legal Standard: It Starts With “Need and Ability to Pay”
Attorney’s fees in a Florida divorce are governed by Section 61.16, Florida Statutes. The goal of the statute is to ensure both parties have a similar ability to secure competent legal representation.
To award fees, the court must consider:
The requesting spouse’s financial need, and
The other spouse’s ability to pay.
Both elements matter.
It is not enough to show that:
Your spouse earns more than you, or
It would be easier for your spouse to pay.
You must show actual financial need.
What Happened in Graydus v. Graydus?
In Graydus, the trial court awarded the wife attorney’s fees in the final judgment. However, on appeal, the Fourth District reversed that award.
Why?
Because there was no competent, substantial evidence that the wife actually needed her husband to pay her fees.
Specifically:
The wife did not testify about financial need.
The trial court did not make factual findings explaining her need.
The financial affidavit in the court file showed the wife had:
Net monthly income almost three times higher than the husband, and
Several hundred thousand dollars more in assets.
The appellate court emphasized that even if one spouse has significant assets, that alone does not justify forcing them to pay the other spouse’s fees if the requesting spouse has no financial need.
The fee award was reversed.
Key Takeaways From Graydus
1. You Must Prove Financial Need
Simply hiring a lawyer and incurring fees is not enough. In Graydus, the wife testified she retained counsel and was required to pay her attorney — but she did not establish that she could not afford to do so herself. Graydus v Graydus
Courts require evidence such as:
Income
Expenses
Available assets
Liabilities
Access to liquid funds
If your financial affidavit shows you are in a stronger financial position than your spouse, a fee award is unlikely.
2. The Court Must Make Specific Findings
A general statement like “there’s entitlement to fees” is not sufficient. Graydus v Graydus
The trial court must make factual findings supporting:
The requesting spouse’s need, and
The other spouse’s ability to pay.
Without those findings, the award is vulnerable on appeal.
3. It’s Not About Punishment
Section 61.16 is not designed to punish one spouse. It is meant to level the playing field.
If one spouse has no financial need, the other spouse cannot be ordered to pay simply because:
They have significant assets, or
It would be less financially painful for them.
The court in Graydus made that clear.
When Attorney’s Fees Are More Likely to Be Awarded
You may have a stronger claim for fees if:
There is a significant income disparity.
One spouse controls the marital assets.
One spouse has limited access to liquid funds.
The requesting spouse cannot realistically retain competent counsel without assistance.
Courts may also consider litigation conduct in some circumstances, but the foundation remains need and ability to pay.
Practical Reality in Divorce Cases
In real-world divorce litigation, attorney’s fees are highly fact-specific.
Even in high-asset cases, the court may deny fees if:
Both spouses have comparable income, or
Both walk away from equitable distribution with sufficient assets to pay their own lawyers.
On the other hand, in cases involving:
A stay-at-home spouse,
Income imbalances,
Or control over business accounts,
fee awards can be critical to ensuring fairness.
Final Thoughts
Attorney’s fees in Florida divorce cases are not automatic. They require:
Evidence,
Clear financial analysis, and
Proper findings by the court.
The lesson from Graydus v. Graydus is straightforward:
If you are asking the court to order your spouse to pay your fees, you must prove financial need — and the record must support it.
If you have questions about how attorney’s fees may apply in your case, it’s important to evaluate your income, assets, and overall financial picture early in the process.
Every case is different. And in divorce, details matter.