In July 2002, after an eighteen year romantic relationship, the parties executed a prenuptial agreement in which the now former husband, Leroy Schecter, (then with a disclosed net worth approaching $160 million) and the now former wife, Shoshana Candiotti, (then with a worth of almost $1 million) agreed that in the event their contemplated marriage ended in a divorce, Shoshana would receive only $260,000 from Mr. Schecter.
In February 2010, Mr. Schecter filed for a divorce and sought to enforce the prenuptial agreement. Mrs. Schecter sought to set it aside. During the course of the proceedings, the parties entered into two agreements to provide for temporary support and attorney’s fees for Mrs. Schecter. Both agreements, or stipulations, were spread on the record in the form of agreed orders. The first agreement, entered on July 29, 2010, was embodied in an order titled “Agreed Order on Wife’s Motion for Temporary Relief and Husband’s Motion for Exclusive Use of Marital Home,” and (1) required Mr. Schecter to pay certain amounts to Mrs. Schecter; (2) granted Mrs. Schecter exclusive possession of the parties’ Indian Creek Village home (along with some funds to defray the costs thereof); and (3) obligated Mr. Schecter to pay Mrs. Schecter’s attorney’s fees and costs during the pending litigation:
1. As and for temporary spousal support for the Wife, the parties have agreed to the following:
a)The Husband shall ensure that the Wife shall continue to have use of her Visa card, with a Ten Thousand ($10,000.00) Dollar per month limit . . . ;
b) The Husband shall pay to the Wife the sum of One Thousand ($1,000.00) Dollars a week in the form of cash or check;
c) The Husband shall create an escrow account with the sum of Three Thousand ($3,000.00) Dollars to pay the Wife’s travel expenses. . . ;
d) The Husband shall pay up to the sum of One Thousand ($1,000,00) Dollars a week directly to the Wife’s domestic help . . . ;
2. The parties have agreed that the Wife shall have the exclusive use and occupancy of the Indian Creek Village residence until further order of the Court. . . . .
3. The Husband shall continue to maintain the fixed bills in connection with the Indian Creek Village residence . . . .
4. As and for the Wife’s temporary attorney’s fees, suit monies, and costs the parties have agreed that the Husband shall pay the sum of One Hundred Fifty Thousand ($150,000.00) Dollars. The aforementioned sum shall be paid, in full, to the Law Firm of Boies, Schiller & Flexner LLP, on or before July 29, 2010.
5. Commencing on August 1, 2010, and for every month thereafter so long as this matter is pending, the Wife shall submit her legal and accounting bills for payment to the Husband’s counsel for payment by the Husband. In the event that any of Wife’s legal and accounting bills are questioned by the Husband or remain unpaid in full within ten (10) days from receipt of the same, the parties have agreed that Justice Gerald Kogan shall be appointed as Special Magistrate with the power to decide the appropriateness of said bills. The Husband shall bear all fees and expenses charged by Justice Kogan in this matter, without prejudice.
Emphasis added). The temporary support delineated in paragraph 1 specified no termination date; the exclusive use provisions delineated in paragraph 2 were to remain in effect “until further order of the court”; and the fee provisions delineated in paragraphs 4 and 5 were to remain in effect “so long as [the] matter is pending.”
Judge(s): Linda Ann Wells
Jurisdiction: Florida Court of Appeals, Third District
|Trial Court Judge(s)|
|Court of Appeals Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Cynthia Greene||Greene Smith & Associates|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Gerald Cope, Jr.||Akerman Senterfitt|
|John Crabtree||Crabtree & Associates|
|Jeffrey Pollack||Fox Rothschild|