Posted by Nydia Streets of Streets Law in Florida Divorce
When determining either party’s ability to pay attorney’s fees in a Florida divorce case, the court looks to assets and income available to both parties. When one party has disproportionately more financial resources than the other party, that party may be required to pay attorney’s fees for the other party. This was an issue in the case Ramakrishnan v. Ramakrishnan, 5D2024-2510 (Fla. 5th DCA April 25, 2025).
The husband in this divorce case was ordered to pay $20,000 to the wife for her attorney’s fees. The parties’ incomes were relatively similar, and each party received an equal share of the marital assets. However, the wife was awarded significantly more in separate assets than the husband. The husband appealed.
Noting that the parties’ incomes were roughly equal after the husband paid monthly alimony to the wife, the court held “These findings, which show ‘substantially equal ability’ to pay, are incompatible with awarding fees to Wife. The court concluded “On this record, Husband and Wife must pay their own fees. [internal citation omitted}.”
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