The Fourth District Court today reversed the lower tribunal's ruling in Herbst v. Herbst, citing Rosen v. Rosen, 696 So.2d 697 (Fla. 1997) for the proposition that a former spouse cannot be ordered to pay 75% of their former spouse's fees where the parties have roughly the same disposable income. The Court was careful to narrow its ruling to the 75% awarded, as a small percentage of fees may have been justified, but 75% clearly was not.
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