Fourth District Reverses Denial of Fees, Equitable Distribution of Depleted Assets

The Fourth District Court of Appeal ruled today in Goldstein v. Goldstein, a case in which the lower court denied fees to the wife, as well as attributing to her joint marital funds used by her during the divorce for living expenses without any finding of misconduct.  The Court found error first with the lower tribunal’s failure to make findings as to need and ability to pay attorneys’ fees, but found that even if those findings had been made it would have been error to deny the wife her fees and costs.  In addition, the lack of any finding of misconduct required reversal of the lower court’s distribution of depleted assets used for support to the wife.