Posted by Nydia Streets of Streets Law in Florida Divorce

What factors does a court consider in awarding attorney’s fees in a Florida divorce? If the request for fees is based on financial disparity between the parties, the main factors are need and ability to pay. If the request is based on alleged wrongdoing by one party, there must be findings, for example, of unnecessary litigation. This was an issue in the case Ernfridsson v. Ward, 5D22-751 (Fla. 5th DCA July 7, 2023).

In a final judgment of divorce, the trial court noted the short-term length of the parties’ marriage, and the limited assets to be divided. The court denied the former wife’s request for attorney’s fees, citing an award of $10,000 she had already received as temporary attorney’s fees and cash paid to her from the sale of an asset. The former wife appealed.

The appellate court noted “Important to our decision, a fee award under section 61.16 requires specific findings of fact—either in the written final judgment or at the hearing—to support the trial court’s fee determination.” It reasoned “Former wife claims that the trial court abused its discretion when it denied her additional attorney’s fees without making the necessary findings of fact. In denying the additional fees, the trial court’s analysis was limited to a finding that the case involved a short-term marriage with minimal marital assets. This restricted evaluation was deficient because it ‘failed to contain sufficient findings on the parties’ respective financial resources to facilitate meaningful appellate review.’ Middleton v. Middleton, 332 So. 3d 54, 56 (Fla. 5th DCA 2021).”

The court concluded “Accordingly, we reverse and remand on the attorney’s fee issue with directions for the trial court to ‘consider the parties’ financial resources, as well as any other factors that may be appropriate, . . . and make sufficient factual findings to facilitate meaningful appellate review.’ [internal citations omitted].”

Schedule your meeting with a Miami family law attorney to understand how the law may apply to the facts of your case.