Duncan-Osiyemi v. Osiyemi

The former wife timely appeals a final judgment of dissolution of marriage. She raises three issues, two of which we affirm without discussion.1 We reverse, however, the trial court’s denial of any award of attorney’s fees to the wife, because it creates an inequitable depletion of the wife’s assets, when the husband has the ability to pay an award.

The husband filed his petition for dissolution of marriage in February 2010, after twelve years of marriage, which is categorized by statute as a “moderate-term marriage.” § 61.08(4), Fla. Stat. (2010). The parties have two minor children. The wife…