In Bane v. Bane, 750 So. 2d 77 (Fla. 2d DCA 1999), the trial court set aside the property settlement agreement and vacated the final judgment because of the improper actions of the former husband. In contrast, in Spano v. Spano, 698 So. 2d 324 (Fla. 4th DCA 1997), the former wife was not successful in her motion to set aside the property settlement agreement, and therefore the former wife's rights were governed by the property settlement agreement. In fact, the Spano court determined that the fee provision in the settlement agreement would not entitle the former wife to fees. 698 So. 2d at 325. Thus, because the property settlement agreement governed the former wife's rights to fees, the attorney's fees provisions of section 61.16 was not applicable.