Posted by Nydia Streets of Streets Law in Florida Alimony

Need and ability to pay attorney’s fees are a paramount consideration when a party asks the court to order the other party to pay fees based on the relative financial circumstances of the parties. A party must show he or she has a need for fees to be paid, and once this is established, that the other party has the ability to pay those fees. This was an issue in the case Middleton v. Middleton, 5D20-1659 (Fla. 5th DCA December 3, 2021).

As part of the parties’ original divorce judgment, the former wife was awarded $3,000 per month in permanent alimony. The former husband sought modification to reduce or terminate the obligation, while the former wife filed a counter petition requesting an increase. After an evidentiary hearing, both parties’ petitions were denied. The former wife requested attorney’s fees based on former husband’s superior financial standing, and the trial court denied it on the basis that the “litigation must end”, the lack of success on the petitions and the former husband’s contributions to the former wife’s temporary attorney’s fees. The former wife appealed.

The appellate court held “Pursuant to section 61.16(1), Florida Statutes (2016), the trial court was required to consider the financial resources of both parties in ruling on former wife’s request for fees and costs. The purpose of this statute is to ensure that both parties have similar abilities to secure legal counsel. [. . .] Here, reversal is required because the trial court’s order failed to contain sufficient findings on the parties’ respective financial resources to facilitate meaningful appellate review.”

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