Posted by Nydia Streets of Streets Law in Florida Divorce

One party may be ordered to pay the other party’s attorneys’ fees and costs in a Florida divorce when that party earns significantly more than the other party or there was frivolous litigation. In Quigley v. Culbertson, 3D19-28 (Fla. 3d DCA September 18, 2019), the former wife appealed a trial court’s order that she pay significant attorneys’ fees and costs to the former husband for post-judgment litigation that spanned two and a half years.

The parties previously entered a marital settlement agreement which in pertinent part provided that a party who defaulted on the agreement would be liable to the other party for attorneys’ fees and costs. After a hearing, the trial court entered a detailed order explaining why the former wife would be responsible for the former husband’s attorneys’ fees and costs. Included in the order were the words “frivolous and vexatious” to describe the former wife’s conduct.

The former wife appealed, arguing the trial court tried to invoke its inherent authority to issue sanctions against her and the resulting order lacked findings to support such authority. The appellate court denied the former wife’s appeal, holding “The former husband's motion for attorney's fees and costs was expressly grounded upon section 61.16, Florida Statutes (2018) and the factors enunciated in Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997). The requirements for an award of attorney's fees and costs under those authorities include the financial resources of the parties as well as a consideration of the merits of the parties' positions. [. . .] We review the trial court's assessment of the evidence and ruling on the motion for attorney's fees under the abuse of discretion standard. The fee award must be supported by competent, substantial evidence, and it was in this case. The fact that one or more of the former wife's claims were termed "frivolous" or "vexatious" in the final order does not transform it into an order awarding statutory or common law sanctions. Under Rosen, the trial court may consider the merits of the parties' positions as a pertinent aspect of the decision to award a fee. For these reasons, the order on the former husband's motion for attorney's fees and costs is affirmed in all respects.” (internal citations omitted).

If the payment of attorneys’ fees and costs is an issue in your case, contact a Miami divorce attorney to discuss how to proceed. A consultation is designed to help you understand your best plan in moving forward.