Don Du Perault v. Tatiana Du Perault

Summary

The Florida Fourth District Court of Appeal reviewed a final judgment of dissolution concerning the valuation of marital assets and an attorneys’ fee provision for future enforcement proceedings. The court affirmed the asset valuation without comment but reversed and remanded the enforcement-fee provision because it did not account for the parties’ need and ability to pay under section 61.16, Florida Statutes.

Holdings

1. A final judgment of dissolution may not impose a prospective attorneys' fee obligation for future enforcement proceedings without accounting for the parties' need and ability to pay as required by section 61.16, Florida Statutes.
2. The trial court's determination regarding the value of certain marital assets was affirmed.

Questions Presented

1. Whether the trial court properly valued certain marital assets in the final judgment of dissolution.
2. Whether the trial court could include in the final judgment a prospective attorneys' fee provision for future enforcement proceedings without considering the parties' need and ability to pay.

Disposition

reversed_and_remanded