Attorney fees in contested family law proceedings are almost universally charged on an hourly basis. Flat fees are usually reserved for uncontested cases where there are few or no disputed issues. Contingency fees are prohibited by the Florida Bar Association in all but very limited family law situations. Accordingly, the responsibility for attorney’s fees in contested family law cases is an important issue, especially where one spouse’s access to cash is limited. The importance of this issue can be even more critical because it is often difficult to predict the full cost of a contested family law case. This is partly because the cost is sometimes significantly affected by the behavior and willingness to compromise of the spouses or former spouses involved.
Recognizing that equity and fairness require that both sides to a marital or post -marital dispute need access to both the court system and competent counsel, Florida law (both statutory and case law) provides for cross awards of attorney fees and other court related costs. This is where one side is ordered to pay for the other side’s fees and costs. Fees and other costs are primarily assessed against an opposing spouse based upon both parties’ relative need and ability to pay these fees and costs. Fees and costs may also be awarded due to the inappropriate or wasteful litigation conduct of a spouse when this behavior causes fees and costs to unnecessarily increase.
Attorney fees and court costs are often awarded at the conclusion of a case, but can also be awarded during a case. This latter type of award is referred to as a “temporary award.” A temporary award is designed to help a spouse in need so they are not starved out of the litigation process. Thereafter, a permanent award at the conclusion of a case can replace or supplement the temporary award.
