Posted by Nydia Streets of Streets Law in Florida Divorce

An award of attorneys’ fees in a Florida divorce must include certain findings. The most common bases to award fees are misconduct by a party or a disparity of income between the parties. In the case Office v. Office, 4D18-2910 (Fla. 4th DCA January 8, 2020), the former husband appealed an order granting the former wife’s motion for enforcement and awarding her attorneys’ fees.

The appellate opinion states the granting of the former wife’s motion for enforcement of the parties’ divorce decree was affirmed without comment. However, the appellate court took issue with the award of attorneys’ fees because the order did not address on what basis the fees were being awarded. The order cited to certain Florida case law to support its award but did not expound on why the fees were being awarded. If the fees were being awarded based on the former wife’s need, the record did not indicate she had a need. If the fees were being awarded for misconduct, no findings were made that the former husband engaged in inequitable conduct. Therefore, the case was remanded for the trial court to make findings to support the award based on the former wife’s need or to detail the former husband inequitable conduct that supported the award.

Since the burden to pay attorneys’ fees may shift between the parties based on their respective financial positions, it is important to understand your risks and rights as you navigate your Florida divorce case. Scheduling a consultation with a Miami divorce attorney may be your first best step in moving forward.