In a divorce proceeding, the trial court can only order a lump sum payment of attorney's fees if there is evidence that the payor can make the payment in the time-frame ordered. In Duncan v. Duncan the Florida Court of Appeal recently stated: "This case involves a straightforward request for temporary support in a dissolution action. [T]he Husband) appeals an order compelling him to pay $50,000 in temporary attorney's fees and $10,000 in temporary accountant's fees within fifteen days to...the Wife.
In making a division of property and assets in a divorce proceeding in Florida, the award of a ½ ownership interest in property as of a particular date entitles the recipient to share in the gains and losses in the account on the date of distribution. In Graham v. Graham the Florida Court of Appeal stated that: "JoAnn Graham appeals an order granting post-judgment relief on grounds it fails to effectuate the marital settlement agreement she and Nathaniel Graham entered into in September of 1994 in anticipation of the dissolution of their marriage later that year. She maintains the trial court erred both in calculating her share of the former husband's 401 (k) account and in calculating her share of his Army pension. Persuaded she is right in both instances, we reverse and remand.