Posted by Nydia Streets of Streets Law in Florida Divorce

Can my spouse be ordered to pay my attorney’s fees in a Florida divorce case? A court can order payment of attorney’s fees where there is a disparity in income combined with need and ability to pay. This is to even the playing field, so-to-speak, when it comes to divorce litigation. This was an issue in the case Gables v. Gables, 1D15-4951 (Fla. 1st DCA June 7, 2023).

Although the former husband sought review in his appeal of several issues stemming from a final judgment of divorce, the appellate court mainly focused on his appeal of an attorney’s fee award to the former wife. Apparently, the trial court did not make required findings before granting the fees, such as the hourly rate, the number of hours reasonably expended, and other factors. The appellate court reversed on the fee issue.

The court held ““In awarding attorney’s fees, the trial court must make specific findings as to hourly rate, the number of hours reasonably expended, and the appropriateness of reduction or enhancement factors.” Davis v. Davis, 613 So. 2d 147, 148 (Fla. 1st DCA 1993); see also Fla. Patient’s Comp. Fund v. Rowe, 472 So. 2d 1145, 1151-52 (Fla. 1985). An award of attorney’s fees without the requisite findings is error even if there is competent substantial evidence to support the award. Mitchell v. Mitchell, 141 So. 3d 1228, 1229 (Fla. 1st DCA 2014). The record does not contain any evidence presented below concerning the hourly rate, number of hours expended, or the appropriateness of reduction or enhancement factors. Accordingly, we reverse the award of trial court attorney’s fees. The trial court must reconsider the appropriateness of an attorney’s fees award after it reconsiders the equitable distribution and considers any changes to the parties’ relative financial circumstances. We note that, because the purpose of awarding attorney’s fees is to ensure that the parties have a similar ability to obtain competent counsel, “[i]f the equitable distribution scheme places the parties in substantially the same financial positions with equal abilities to pay attorney’s fees, it is an abuse of discretion to award attorney’s fees to one former spouse.” See Stewart v. Stewart, 290 So. 3d 607, 609 (Fla. 1st DCA 2020). If the court again awards Appellee attorney’s fees, it must make written findings that after the equitable distribution, Appellee remains in need of assistance to obtain competent counsel. See id.”

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