Florida divorce attorney Russell Knight (https://divorceattorneynaplesfl.com/can-my-spouse-pay-my-attorneys-fees-during-a-florida-divorce/) of The Law Office of Russell Knight has recently published an article shedding light on the issue of spouses paying attorney’s fees during a Florida divorce. The article provides an in-depth analysis of the legal intricacies surrounding temporary attorney’s fees and the factors courts consider when deciding on such awards.
In the first few paragraphs, Florida divorce attorney Russell Knight clarifies that a party in a divorce case may ask the court to order their spouse to pay their attorney’s fees during the proceedings. He quotes Florida Statute § 61.16(a) as the basis for such requests. The primary considerations in these situations are the party’s need for attorney’s fees and the other party’s ability to pay, as established in De La Piedra v. De La Piedra, 243 So. 3d 1052 (Fla: Dist. Court of Appeals, 1st Dist. 2018).
The article goes on to discuss the factors that courts must consider when determining the financial resources of both parties. Florida divorce attorney Russell Knight cites Brock v. Brock, 690 So.2d 737, 742 (Fla. 5th DCA 1997), which states that the extent of the parties’ incomes from all sources and their reasonable income-earning abilities are essential parts of the equation. In addition, courts may evaluate whether the attorney’s fees will be put towards a justifiable purpose and if the fees are reasonable in amount.
Knight also addresses the relationship between temporary attorney’s fees and other financial aspects of a divorce case, such as alimony and child support. He explains that most spouses who request temporary attorney’s fees also ask for alimony and/or child support simultaneously, as permitted by Florida Statute § 61.071. He further notes that an award of alimony, if significant, usually makes the spouse asking for attorney’s fees capable of paying their own attorney’s fees, citing Galligar v. Galligar, 77 So.3d 808, 813 (Fla. 1st DCA 2011).
The article highlights that courts prefer parties to pay their own attorney’s fees to avoid provoking unnecessary litigation, as explained in Von Baillou v. Von Baillou, 959 So. 2d 821 (Fla: Dist. Court of Appeals, 4th Dist. 2007). However, according to Knight, “Requesting your spouse to pay your attorney’s fees during a divorce can be a challenging process.”
Knight emphasizes the importance of obtaining an order for temporary attorney’s fees to gain the leverage needed to encourage settlement or secure the resources required for a fair divorce trial. Those who need or anticipate needing a temporary attorney’s fee order are encouraged to consult with an experienced Florida divorce attorney.
About The Law Office of Russell Knight:
The Law Office of Russell Knight is a family law firm based in Naples, Florida, dedicated to providing clients with personalized, compassionate legal representation. The firm handles various aspects of family law, including divorce, child custody, child support, alimony, and property division. With a team of dedicated legal professionals, The Law Office of Russell Knight aims to guide clients through the complex legal processes involved in family law matters.
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