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Once the Florida Divorce court has considered equitable (or unequal distribution) and spousal and child support, it may then consider an award of attorney fees from one spouse to another. Like alimony, attorney fees are based on need and ability. The Florida Divorce court may look at all financial resources, including non-marital assets, to determine one's need for an award of attorney fees.

If an award of "temporary" attorney fees was awarded during the Proceeding, the Court, at final hearing, will allocate the temporary award either to the paying spouse out of his/ her income and/or share of the marital assets; or will allocate some or all of the "temporary" award to the person who received same (out of his/ her share of the assets).

A Florida Divorce court may enforce its order awarding either temporary or permanent attorney fees via its contempt powers so as to compel compliance.