Haddon v. Haddon

Citations

• 36 Fla. 413

Syllabus

<p>DIVORCE — ALIMONY PENDENTE LITE — WHEN GRANTED — JUDICIAL DISCRETION IN GRANTS OF SUBJECT TO REVIEW.</p> <p>1. Two things must concur, and must be made to appear before a court is justified in making any allowance to the wife in divorce proceedings for alimony pendente lite and for counsel fees: (1) A necessity therefor must appear on the part of the-wife, from her want of means, or of sufficient means to maintain herself during the litigation and with which to employ counsel; (2) and it must also appear that the husband has the pecuniary ability to supply that necessity. If it appears in such a case that the applicant wife has abundant means or property of her own, that is under her control and at her disposal, out of which to maintain herself and to employ counsel then the necessity for the allowance is wanting, and it should be denied.</p> <p>2. The granting or withholding of allowances for alimony pendente lite and counsel fees in divorce proceedings is discretionary with the court to whom the application therefor is made, it is-not an arbitrary discretion, but a judicial one, to be exercised in accordance with well established rules of law wisely adapted to the facts appearing in each particular case; and when the discretion is abused, it is a matter from which an appellate-court will grant relief.</p>