CAROLINE BELL CHADBOURNE, WIFE, APPELLANT,
v.
EDWARD MERRIAM CHADBOURNE, III, HUSBAND, APPELLEE
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Florida appellate court affirmed dissolution judgment on equitable distribution and alimony but reversed denial of wife's attorneys' fees, holding that requiring her to pay $200,000 in fees from her $1 million award while husband retained $17 million constituted an abuse of discretion.
A trial court abuses its discretion in denying a wife's request for attorneys' fees when a significant wealth disparity exists, the wife has demonstrated need, and the husband has clear ability to pay, as requiring her to pay fees would inequitably diminish her equitable distribution award.
[1] In a dissolution of marriage, a trial court abuses its discretion by denying a spouse's request for attorneys' fees when significant wealth disparity exists, the requesti…
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Join FLexlaw to unlock all legal intelligence“To require her to pay the remaining balance of her attorneys' fees, about $200,000, would require an 'inequitable diminution' of her equitable distribution award.”
Court's explanation of why denying fees would be inequitable given the wealth disparity
In a 26-year marriage, the husband left with a net worth of $17 million while the wife left with under $1 million. The wife sought attorneys' fees of …
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Caroline Bell Chadbourne appeals a final judgment granting dissolution of marriage raising issues relating to equitable distribution, alimony, and attorneys’ fees and costs. We affirm on all issues except the trial court’s denial of her attorneys’ fees and costs, which we reverse.
The husband left the 26-year marriage with a net worth of $17 million while the wife left with under $1 million. To require her to pay the remaining balance of her attorneys’ fees, about $200,000, would require an “inequitable diminution” of her *76equitable distribution award. Conlan v. Conlan, 43 So.3d 931, 934 (Fla. 4th DCA 2010). Given the significant disparity in wealth, her demonstrated need, and the husband’s clear ability to pay, the trial court abused its discretion in denying the wife’s request for attorneys’ fees and costs. See Duncan-Osiyemi v. Osiyemi, 117 So.3d 882, 885 (Fla. 4th DCA 2013) (reversing a denial of the wife’s request for attorneys’ fees where there existed a significant income disparity and she would have to deplete her equitable distribution in order to pay the fees); Kelly v. Kelly, 925 So.2d 364, 369 (Fla. 5th DCA 2006) (mandating a husband who had a net worth of $12.6 million to pay the wife’s attorneys’ fees where she left the marriage with $3 million, citing the husband’s “far superior financial posture”).
LEWIS, C.J., BENTON, and MARSTILLER, JJ., concur.
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Citator
Cited By
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Kranci v. Kranci (Fla. 4th DCA 2024)
Authorities Cited
- Kelly v. Kelly, 925 So. 2d 364 (Fla. 5th DCA 2006)
- Conlan v. Conlan, 43 So. 3d 931 (Fla. 4th DCA 2010)
- Duncan-Osiyemi v. Olayemi Osiyemi, 117 So. 3d 882 (Fla. 4th DCA 2013)