Determination of “Need” When Assessing Alimony and Attorney Fees

An often-recited principle among family law attorneys is that entitlement to attorney’s fees is based on the same “need and ability” analysis used when determining alimony. Under this analysis, the requesting party must first demonstrate a financial need, and if that burden is met, the court then considers the other party’s ability to pay. At first glance, it may seem that if a spouse can prove a need for alimony, they should automatically be able to establish a need for attorney’s fees. However, Florida courts have made clear that the analysis is not always that simple.

The Fifth District Court of Appeal recently addressed this issue and held that, when evaluating attorney’s fees, the determination of financial need must be made after considering the effects of equitable distribution and any alimony awards. In Ramakrishnan (April 25, 2025), the appellate court reversed a trial court order requiring the husband to pay $20,000 toward the wife’s attorney’s fees. Under Florida law, fee awards depend on one spouse’s need and the other’s ability to pay. However, the trial court’s own findings showed that the parties received an equal distribution of marital assets and had comparable incomes once the awarded alimony was factored into their net income. Because both parties ultimately had nearly equal financial resources, the appellate court determined that the attorney’s fee award was not justified.

If you have questions about how courts evaluate financial need in divorce cases, an experienced alimony attorney in Orlando can help you understand how issues such as spousal support, equitable distribution, and attorney’s fees may affect your case. For guidance with alimony, divorce, child support, and other family law matters, contact DeVoe Law Firm today.