What Are the Factors That Should Be Evaluated When Awarding Fees Under Section 61.16 ?
In Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997), the Court discussed what factors should be evaluated when awarding fees under section 61.16:
The financial resources of the parties are the primary factor to be considered.
However, other relevant circumstances to be considered include factors such as the scope and history of the litigation; the duration of the litigation; the merits of the respective positions; whether the litigation is brought or maintained primarily to harass (or whether a defense is raised mainly to frustrate or stall); and the existence and course of prior or pending litigation. 696 So. 2d at 700.
Section 61.16 should be liberally--not restrictively--construed to allow consideration of any factor necessary to provide justice and ensure equity between the parties." Id. at 700.