Successfully defending a family law dissolution agreement may not yield attorney’s fees
Parties in family law cases who successfully defend dissolution-related agreements are not entitled to attorney fees if those contracts allow fees only for enforcing the contract, according to the Supreme Court.
The court on October 7 ruled that F.S. §57.105(7) does not apply to such agreements. That statute converts unilateral fee awards into reciprocal awards.
The court, in a unanimous opinion written by Justice Jamie Grosshans, said the family law agreements in this case were not unilateral since either party could collect fees if they prevailed. The contracts did not provide fees for successfully defending a claim of violating the agreement.
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