JOHN M. WATERS, APPELLANT,
v.
PEGGY O'NEAL WATERS, APPELLEE
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WIGGINTON, Judge.
In this appeal from a final judgment of dissolution of marriage we find no abuse of the trial court’s discretion in equitably distributing the parties’ marital assets. See Cortina v. Cortina, 461 So. 2d 964 (Fla. 3d DCA, 1984). We do hold, however, that the trial court abused its discretion in awarding attorney’s fees to the wife when the record clearly shows that she has at least equal, if not greater, ability to pay those fees and does not require the husband’s assistance to provide herself with competent legal counsel. Cor-tina; Grundman v. Grundman, 448 So. 2d 59 (Fla. 5th DCA 1984). As was recognized by the court in McIntyre v. McIntyre, 434 So. 2d 61 (Fla. 5th DCA 1983):
After making a truly equitable distribution of marital assets it is inequitable to diminish the assets awarded either party by requiring one party to pay the litigation costs of the other where each party has substantially equal ability to pay their own costs and expenses.
Id., at 62.
The final judgment is reversed as to the award of attorney’s fees, but affirmed in all other respects.
AFFIRMED in part and REVERSED in part.
JOANOS and NIMMONS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Anne-Lise Gustafson v. Dorrit Jensen, 523 So. 2d 686 (Fla. 3d DCA 1988)…rida holds that when a wife receives a substantial share of the marital assets, she should bear her own attorney’s fees. Bloodwell v. Bloodwell, 508 So. 2d 771 (Fla. 5th DCA 1987); Arsht v. Arsht, 467 So. 2d 421 (Fla. 3d DCA 1985); Waters v. Waters, 461 So. 2d 976 (Fla. 1st DCA 1984). Reversed in part; affirmed in part.…
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Charlebois v. Charlebois, 574 So. 2d 1220 (Fla. 3d DCA 1991)…v. Markland, 155 Fla. 629, 21 So. 2d 145 (1945) (to justify award of fees and costs, there must be a need on the part of one spouse and an ability to pay on the part of the other); Lewis v. Lewis, 485 So. 2d 855 (Fla. 2d DCA 1986); Waters v. Waters, 461 So. 2d 976 (Fla. 1st DCA 1984). Affirmed in part, reversed in part, and remanded for further consistent proceedings.…
Authorities Cited
- McINTYRE v. McINTYRE, 434 So. 2d 61 (Fla. 5th DCA 1983)
- Cortina v. Leda M. Cortina, 461 So. 2d 964 (Fla. 3d DCA 1984)
- In re the Marriage of Kenneth Grundman v. Grundman, 448 So. 2d 59 (Fla. 5th DCA 1984)