A recent decision outlined in Florida Law Weekly offers a useful reminder for family-law practitioners: when a trial court awards temporary alimony or temporary attorneys’ fees, the record must contain findings that explain and support the award.
The Case: Ehiabor v. Ehiabor
In Ehiabor v. Ehiabor, 51 Fla. L. Weekly D1197a (Fla. 1st DCA June 10, 2026), the First District Court of Appeal reviewed a nonfinal order granting the wife temporary alimony and $50,000 in temporary attorneys’ fees and costs. The appeal challenged both the lack of required findings and the sufficiency of the evidence supporting the awards.
A 30-Day Window to Appeal
A party may appeal a nonfinal order granting temporary alimony or attorneys’ fees, but the appeal must be filed within 30 days after rendition of the order. The court explained that a party is not required to move for reconsideration before appealing based on missing findings.
Even so, the court encouraged parties to promptly seek reconsideration. Raising a fact-finding omission while the matter is still fresh gives the trial court an opportunity to correct it. If an interlocutory appeal must be filed before the trial court rules, the appellant may ask the appellate court to relinquish jurisdiction temporarily so the trial court can reconsider its order.
Temporary Alimony Requires Written Findings
Under the current version of section 61.08, Florida Statutes, an award of temporary alimony must be supported by written findings that establish:
- The requesting party has an actual need for temporary alimony;
- The amount awarded corresponds to that need; and
- The opposing party has the ability to pay that amount.
The First District distinguished its earlier decision in Williams v. Williams, which relied on a prior version of the statute. The amended statute now expressly requires written factual findings. That requirement is consistent with section 61.071, which permits a court to award a “reasonable sum” as temporary alimony when the petition or motion is “well founded.” Because the order in Ehiabor lacked the required findings, the temporary alimony award was reversed.
Temporary Attorneys’ Fees Also Require Supporting Findings
Section 61.16 authorizes a trial court to order one party to pay another party’s reasonable attorneys’ fees after considering the parties’ financial resources and any other factors needed to achieve justice and equity. Although the statute does not expressly demand written findings, the First District concluded that a temporary fee award must be supported by specific findings on the record addressing:
- The requesting party’s need;
- The opposing party’s ability to pay; and
- The reasonableness of the amount awarded.
A court may also make other equitable findings that explain the temporary award. The essential point is that the ruling must contain enough specific facts to permit meaningful review.
What About the Rowe Factors?
The court clarified that a full analysis of the fee-reasonableness factors from Florida Patient’s Compensation Fund v. Rowe is not required for a temporary fee award. A party who contends that the temporary amount is unreasonable under Rowe may raise the absence of those findings after final judgment through a motion for rehearing.
That does not eliminate the need for competent evidence of reasonableness at the temporary stage. In Ehiabor, the trial court did not sufficiently address need, ability to pay, or reasonableness. The evidence was also inadequate because counsel’s fee affidavit had not been admitted before the hearing time expired. As a result, the $50,000 temporary fee award could not stand.
Ehiabor emphasizes that temporary relief cannot rest on an unexplained number. Trial courts must connect the award to findings on actual need, ability to pay, and reasonableness, and counsel must build an evidentiary record that supports those findings. For practitioners, the decision is a reminder to act quickly when a temporary order falls short.
If you have more questions regarding a Marital and Family Law matter, Guardianship or Estate matter you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and arrange an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com
This article is for informational purposes only and does not form an attorney client privilege.