4D08-1448-Lord v. Lord

State: Florida

Court: Florida Southern District Court

Docket No: 4D08-1448.op

Case Date: 10/22/2008

Plaintiff: 4D08-1448-Lord

Defendant: Lord

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2008

BEATRICE MURRAY CAYZER LORD, Appellant, v. RAYMOND W. LORD, Appellee. No. 4D08-1448 [October 22, 2008] MAY, J. Florida's long-standing policy against a spouse's pre-dissolution waiver of rights is challenged in this appeal. A wife appeals an award of temporary attorney's fees to the husband. She argues that provisions of an antenuptial agreement prevent the trial court's award of attorney's fees. We disagree and affirm. The parties entered into an antenuptial agreement two days before their wedding. The agreement required the wife to pay the husband lump-sum alimony of $500,000 upon a final judgment of divorce. With regard to attorney's fees, the agreement provided: 16. ATTORNEYS' FEE. a. In the event of a n y separation, dissolution, or divorce proceedings, each party will pay his or her own attorneys' fees and costs. b. Should any party retain counsel for the purpose of enforcing or preventing the breach of any provision, including, but not limited to, any action for enforcement or damages by reason of any alleged breach of this agreement, . . . or any other judicial remedy, the prevailing party will be entitled to be reimbursed by the losing party for all reasonable costs and expenses incurred, including, but not limited to, reasonable attorneys' fees and costs for the services rendered to the prevailing party.

Not long after the wedding, the wife filed for dissolution of the marriage or alternatively an annulment. The only asset distribution issue was the husband's claim for alimony under the antenuptial agreement. The wife claimed that the agreement was entered into under coercion and overreaching. The wife is 82 years of age, has a net worth of $3.9 million, and a net monthly income of $20,000. The husband is 77 years of age, has a net worth of $100,000, and a net monthly income of $3,670. The trial court found the husband needed the fees and the wife had the ability to pay, pursuant to Nichols v. Nichols, 519 So. 2d 620 (Fla. 1988). The trial court granted the husband's motion for temporary attorney's fees and costs and ordered the wife to pay $17,500 in reimbursement of fees already incurred as well as future fees. It is from this order that the wife appeals. We review trial court orders o n attorney's fees for a n abuse of discretion. Canakaris v. Canakaris, 382 So. 2d 1197, 1202

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