After a contested hearing, the trial court dissolved the marriage of the parties and entered the following financial awards: (1) the plaintiff will retain the family home; (2) the plaintiff will quitclaim to the defendant her one-sixth interest in certain Vermont property; (3) the defendant will pay to the plaintiff $15,000 to be used for repairs to the house and $1500 to be used to pay off the mortgage; (4) the defendant will pay to the plaintiff a lump sum of $20,000 as at least part of her share in the total assets of the parties; (5) the defendant shall provide noncancelable life insurance with his wife as beneficiary in the amount of $90,000 so long as it is available to him from his company; (6) the defendant shall also provide health and medical insurance including psychiatric care and dental care for the plaintiff to become effec
In appeal 4871, the defendant has appealed, stating as his sole claim of error that the trial court abused its discretion in making certain of the financial awards incident to the decree of dissolution. He attacks that portion of the judgment which requires him to pay lump sum alimony of $20,000, to provide health and medical insurance, to pay periodic alimony, and to pay one-third of the plaintiff’s counsel fees. In appeal 5270, the plaintiff has appealed claiming that the trial court abused its discretion in denying the plaintiff’s posttrial motion for an allowance to defend this appeal.
The trial court expressly found that the parties had total assets of $450,000 of which $280,000 was in the defendant’s name, with $170,000 standing in the plaintiff’s name. The court also found that the defendant, including his salary, bonuses and income from rental property, had an income of $1123.50 weekly. The court also found that the plaintiff needed treatment for deep depression and had no immediate prospect of being able to work.
The defendant argues that the award of lump sum alimony, in addition to the award of the marital home, was inequitable and, therefore, an abuse of the court’s discretion. A trial court “has broad discretion in determining the type, duration, and amount of alimony which is proper . . . ." Sands v. Sands,
The defendant also argues that because the judgment file does not include the court’s order for health and medical insurance the order is void. The trial court’s memorandum of decision clearly required the defendant to provide such insurance. The defendant cites Brookfield v. Candlewood Shores Estates, Inc.,
The defendant’s last argument is that the court’s order that the defendant pay one-third of the plaintiff’s counsel fees is void because no particular amount is specified. Plaintiff’s counsel indicated in oral argument to the trial court that the amount of $6000 was sought. A bill of the plaintiff’s attorney with some dollar figures, but without a total figure, was marked as an exhibit for identification, but was never made a full exhibit. Thus, there was no evidence of the actual costs incurred.
The decision to award counsel fees in a dissolution case is clearly within the trial court’s discretion. Holly v. Holly,
The claim of error raised by the plaintiff, that the trial court erred in not awarding her funds to defend the appeal, has no merit. “An abuse of discretion in denying an award of counsel fees will only be found if this court determines that the trial court could not have reasonably concluded as it did.” Fitzgerald v. Fitzgerald,
There is error in part on the defendant’s appeal (4871), the judgment is set aside as to the award of attorney’s fees and the case is remanded for further proceedings on that issue.
There is no error on the plaintiff’s appeal (5270).
In this opinion the other judges concurred.
