Florida Statutes

Fla. Stat. § 61.16 (2025)

Attorney’s fees, suit money, and costs.

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61.16 Attorney’s fees, suit money, and costs.—

(1) The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney’s fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings and appeals. In those cases in which an action is brought for enforcement and the court finds that the noncompliant party is without justification in the refusal to follow a court order, the court may not award attorney’s fees, suit money, and costs to the noncompliant party. An application for attorney’s fees, suit money, or costs, whether temporary or otherwise, shall not require corroborating expert testimony in order to support an award under this chapter. The trial court shall have continuing jurisdiction to make temporary attorney’s fees and costs awards reasonably necessary to prosecute or defend an appeal on the same basis and criteria as though the matter were pending before it at the trial level. In all cases, the court may order that the amount be paid directly to the attorney, who may enforce the order in that attorney’s name. In determining whether to make attorney’s fees and costs awards at the appellate level, the court shall primarily consider the relative financial resources of the parties, unless an appellate party’s cause is deemed to be frivolous. In Title IV-D cases, attorney’s fees, suit money, and costs, including filing fees, recording fees, mediation costs, service of process fees, and other expenses incurred by the clerk of the circuit court, shall be assessed only against the nonprevailing obligor after the court makes a determination of the nonprevailing obligor’s ability to pay such costs and fees. The Department of Revenue shall not be considered a party for purposes of this section; however, fees may be assessed against the department pursuant to s. 57.105(1).

(2) In an action brought pursuant to Rule 3.840, Florida Rules of Criminal Procedure, whether denominated direct or indirect criminal contempt, the court shall have authority to:

(a) Appoint an attorney to prosecute said contempt.

(b) Assess attorney’s fees and costs against the contemptor after the court makes a determination of the contemptor’s ability to pay such costs and fees.

History.—s. 1, ch. 22676, 1945; s. 16, ch. 67-254; s. 17, ch. 71-241; s. 6, ch. 92-138; s. 6, ch. 93-188; s. 4, ch. 93-208; s. 9, ch. 94-124; s. 1, ch. 94-169; s. 1365, ch. 95-147; s. 6, ch. 96-183.

Note.—Former s. 65.17.

Notes of Decisions

Cited in 682 cases (53 in the last 5 years), 1971–2026 · leading case: Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997).

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Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997). · cites it 19× “…to follow a court order, the court may not award attorney's fees, suit money, and costs to the noncompliant party. § 61.16, Fla.Stat. (Supp.1996)”

Rados v. Rados, 791 So. 2d 1130 (Fla. 2d DCA 2001). · cites it 18× “400(b) and section 61.16, Florida Statutes (1999). In the past, this court has frequently "granted" motions for attorney's fees in domestic relations appeals with a citation to the First District's decision in Dresser v.”

Perlow v. Berg-Perlow, 875 So. 2d 383 (Fla. 2004). · cites it 10× “It is undisputed that the trial court was authorized to award temporary attorneys' fees pursuant to section 61.16 of the Florida Statutes. Section 61.”

Bane v. Bane, 775 So. 2d 938 (Fla. 2000). · cites it 20× “The conflict issue presented by this case is whether section 61.16, Florida Statutes (1999), authorizes an award of attorney's fees for proceedings pursuant to a rule 1.”

Schneider v. Schneider, 32 So. 3d 151 (Fla. 4th DCA 2010). · cites it 11× “In Palma , the supreme court considered whether a court could include attorney’s fees for litigating the entitlement and amount of fees awardable pursuant to section 627.428(1), Florida Statutes, to an insured who obtains a final judgment against an insurer pursuant to a policy…”

Baker v. Baker, 35 So. 3d 76 (Fla. 2d DCA 2010). · cites it 16× “With respect to appellate attorney's fees, the Wife filed a motion for fees based on section 61.16, Florida Statutes (2009), asserting her need and the Husband's ability to pay.”

Von Baillou v. Von Baillou, 959 So. 2d 821 (Fla. 4th DCA 2007). · cites it 8× “NOTES [1] In Rosen , the supreme court held that the "financial resources of the parties are the primary factor to be considered" in an award of attorney's fees under section 61.16, Florida Statutes (1995). 696 So.”

Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980). · cites it 2× “2d DCA 1973), as correctly stating that the purpose of section 61.16, Florida Statutes, was to ensure that both parties will have similar ability to secure competent legal counsel.”

In Re Lopez, 405 B.R. 382 (Bankr. S.D. Florida 2009). · cites it 10× “Fla. Stat. § 61.16 governs the award of attorney fees in divorce proceedings.”

Walsh v. Walsh, 262 So. 3d 212 (Fla. 5th DCA 2018). · cites it 8× “Finally, we conclude that the trial court erred by denying Wife's request for attorney's fees pursuant to section 61.16, Florida Statutes. As previously explained, marital settlement agreements are governed by contract principles.”

Rogers v. Cooper, 575 So. 2d 266 (Fla. 1st DCA 1991). · cites it 17× “The issue presented is whether the department is subject to the provisions of Section 61.16, Florida Statutes, which provides for the award of attorney's fees and costs in Chapter 61 actions.”

Edward K. Henry v. Suzanne W. Henry, 191 So. 3d 995 (Fla. 4th DCA 2016). · cites it 4× “An award of attorneys’ fees normally requires findings of need and ability to pay under section 61.16, Florida Statutes. See Hallac v, Hallac, 88 So.”

Show all 682 citing cases →

— 61.16(1) — 173 cases

Perlow v. Berg-Perlow, 875 So. 2d 383 (Fla. 2004). “It is undisputed that the trial court was authorized to award temporary attorneys' fees pursuant to section 61.16 of the Florida Statutes. Section 61.”

Robert W. Bauchman v. Berta Bauchman, 253 So. 3d 1143 (Fla. 4th DCA 2018).

Rados v. Rados, 791 So. 2d 1130 (Fla. 2d DCA 2001). “400(b) and section 61.16, Florida Statutes (1999). In the past, this court has frequently "granted" motions for attorney's fees in domestic relations appeals with a citation to the First District's decision in Dresser v.”

Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997). “…to follow a court order, the court may not award attorney's fees, suit money, and costs to the noncompliant party. § 61.16, Fla.Stat. (Supp.1996)”

De Campos v. Ferrara, 90 So. 3d 865 (Fla. 3d DCA 2012).

— 61.16(11)(k) — 1 case

Hicks v. Hicks, 654 So. 2d 654 (Fla. 5th DCA 1995).

— 61.16(2) — 6 cases

Hardman v. Koslowski, 107 So. 3d 1246 (Fla. 1st DCA 2013).

Robbie v. Robbie, 683 So. 2d 1131 (Fla. 4th DCA 1996).

Manko v. Manko, 275 So. 3d 849 (Fla. 5th DCA 2019).

Haslauer v. Haslauer (Fla. 1st DCA 2024).

— 61.16(6) — 1 case

John R. Stevens, Former Husband v. Kim Travers, Former Wife (Fla. 1st DCA 2021).

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