Recovery of Attorney Fees
Often one party is required to pay or contribute to the attorneys fees of another. This can be based on both relative financial circumstances and behavior during litigation. As family law attorneys it is frequently our job to assess this situation and advise our clients as to the viability of pursuing the other party for payment of attorneys’ fees, or conversely to advise a client as to their relative exposure to payment of the fees of another. Attorneys fees can sometimes be sought via a temporary attorneys fee hearing, during the divorce as well as at the very end of the case incident to a trial. The goal of the statute is generally to make certain that one party is not at a material disadvantage because of the other party’s superior access to funds during the divorce. We have experience pursuing attorneys fees both on a temporary basis, as well as post trial and pursuant to 57.105 Fla. Stat. which governs when one party is required to defend an unsupported claim. Parties should consult a tax expert to advise them, as under certain circumstances payment of attorneys’ fees may be tax deductible. If you have a potential claim for payment of attorneys fees incident to a family law matter or are defending one and have questions regarding how a Florida Family Law Attorney may be able to help, please contact us.