This appeal is taken from a trial court judgment of final divorce between appellant, Marjorie A. Sudderth and appellee, William H. Sudderth, III. Mrs. Sudderth is displeased with the trial court’s distribution of certain real properties that the parties acquired during their marriage and also challenges the trial court’s award to Mr. Sudderth of attorney’s fees for defending against Mrs. Sudderth’s original attempt to prosecute this divorce action in Nevada. Finding error only with respect to the award of attorney’s fees, we affirm in part and reverse in part.
I.
Appellant Marjorie Ann Harris and ap-pellee William H. Sudderth, III were married on October 31, 1985, in Arlington, Virginia. The marriage lasted for approximately nineteen years until the couple legally separated on May 24, 2006. The couple has no children.
During the marriage, Mrs. Sudderth, a licensed attorney, worked at a major law firm as a legal secretary while Mr. Sud-derth, who during the 1980s and 1990s was a fairly successful musician and who later obtained some computer training, spent the vast majority of his time renovating and managing the real properties that the couple purchased during their marriage. Mr. Sudderth also was primarily responsible for caring for the marital home.
Because Mr. Sudderth did not receive compensation for the work he did managing the family real estate holdings or for caring for the marital home, it was Mrs. Sudderth’s salary that paid for most of the couple’s expenses during their marriage, including paying the mortgages on the parties’ four real properties. However, when Mr. Sudderth inherited $110,000 in 2002, he helped pay some of the couple’s expenses, and he used part of that money to help purchase the couple’s property located on Pineview Court in the District (“the Pineview Court property”) in Northeast, and to purchase individual retirement accounts for both him and his wife.
The Pineview Court property, valued at $192,333, was held by the couple as tenants by the entirety. An outstanding mortgage on the Pineview Court property for $117,597 reduced the marital interest in the property to $74,736.
In addition to the Pineview Court property, the parties acquired three other real estate properties during their marriage, all of which are located in the District.
1
The parties acquired property on I Street in Southeast (“the I Street property”) in 1988, where they lived for some period of
In 1997, the parties used equity from the I Street property to acquire property on G Street in Northeast (“the G Street property”), which they held jointly as tenants by the entirety. Valued at $553,572, the G Street property is encumbered by two mortgages, held solely in Mrs. Sudderth’s name, for $98,543 and $24,512, respectively. This property served as the parties’ marital home until they physically separated in 2006.
During the marriage, the parties also acquired property on 38th Street in Southeast (“the 38th Street property”), which was titled and carried a mortgage in Mrs. Sudderth’s name alone. This property, valued between $164,000 and $183,000, was encumbered by two mortgages totaling approximately $152,000.
As part of the judgment of absolute divorce, the trial court awarded Mrs. Sud-derth the G Street property and the 38th Street property and awarded Mr. Sud-derth the Pineview Court property, the I Street property, and one-half of Mrs. Sud-derth’s retirement accounts (totaling $12,512). In making its award to Mr. Sud-derth, the trial court indicated that the award was in part in lieu of alimony. Also, the trial court awarded Mr. Sudderth $1800 for attorney’s fees he incurred in defending against a Nevada divorce action brought and subsequently dismissed by Mrs. Sudderth prior to the divorce action instituted by Mr. Sudderth in the Superior Court.
II.
Mrs. Sudderth raises several issues on appeal, but her primary contention is that the trial court erred in its distribution of the real properties obtained during the marriage. Specifically, she contends that the trial court erred by granting Mr. Sud-derth marital property in lieu of awarding alimony, and that because the trial court improperly presumed that there should be an equal distribution of the marital property, it failed to give proper weight to the parties’ respective contributions to the acquisition of that marital property. 2
A.
Mrs. Sudderth’s claim that the trial court erred in distributing marital proper
Mrs. Sudderth further argues that even if it was not an abuse of discretion for the trial court to award some of the marital property in lieu of alimony without specifying an exact dollar amount of the alimony owed, the trial court abused its discretion here by finding that Mr. Sudderth was entitled to receive any alimony. Mrs. Sudderth concludes that no alimony should have been awarded to Mr. Sudderth because the parties had a low standard of living, Mr. Sudderth is educated with marketable skills and Mrs. Sud-derth has substantial debt. However, “[t]he objective of alimony is to provide a reasonable and necessary support.”
Lake v. Lake,
Here, the evidence adduced at trial supports the trial court’s conclusion that the parties maintained a moderate standard of living as opposed to the low standard of living claimed by Mrs. Sudderth. Neither party disputes that they were able to purchase four properties in the District of Columbia, renovate the properties, and rent several of them to others. Also, Mrs. Sudderth testified that she was able to afford two elective cosmetic surgeries for herself during the marriage. Consequently, the evidence preserved at trial supports the trial court’s conclusion that the parties enjoyed a moderate standard of living.
Further, as the trial court recognized, the evidence also established that, while Mr. Sudderth had no individual debts, he had no income or savings. He was homeless, taking loans from family members to survive, and his education did not exceed high school and some computer training. By contrast, the trial court found that while Mrs. Sudderth had accumulated individual debt from student loans and credit cards, she had earned a law degree, she maintained a well-paying job at a major law firm, and she had several retirement accounts containing significant amounts of money. Based on this evidence, and the evidence relevant to the other enumerated factors considered by the trial court in the alimony determination, we cannot say that the trial court abused its discretion when it awarded marital property in lieu of alimony to Mr. Sudderth.
B.
Mrs. Sudderth next attacks the trial court’s framework for its distribution of the marital property by insisting that the trial court began its analysis with an improper presumption of
equal
distribution instead of the required presumption of
equitable
distribution. D.C.Code § 16-910(b) (mandating trial court make an “equitable, just and reasonable” distribution of marital property after considering nonexclusive list of enumerated factors);
see Burwell v. Burwell,
Finally, turning to the actual distribution of the marital property, Mrs. Sudderth argues that the trial court failed to properly weigh several of the relevant factors enumerated in D.C.Code 16 — 910(b). By statutory mandate, “[t]he trial court must engage in a conscientious weighing of all relevant factors, statutory or otherwise, before reaching a conclusion about the
Turning to the factor regarding “each party’s increase or decrease in income as a result of the marriage,” Mrs. Sudderth argues that the trial court erroneously concluded that the parties had jointly decided that Mr. Sudderth would give up his music career for the marriage.
See
§ 16—910(b)(9). While Mrs. Sudderth may assert that there was no agreement to this effect, there was sufficient evidence in the record to support the trial court’s conclusion to the contrary. Mainly, Mr. Sud-derth testified to the parties’ agreement that he find more stable employment after they married, and the trial court credited Mr. Sudderth’s testimony on the matter. Thus, because there is support in the record for the trial court’s conclusion, we will not disturb it.
See, e.g., Barnes v. Sherman,
Mrs. Sudderth further argues that the trial court gave too much weight to Mr. Sudderth’s renovations and contributions to the four properties and failed to give proper weight to Mrs. Sudderth’s contributions to the acquisition of the properties. Based on the evidence, we are satisfied that, despite Mrs. Sudderth’s claims, the trial court gave meaningful consideration “to each party’s contributions to the acquisition, preservation, appreciation, dissipation, or depreciation in value” of the four properties. See § 16-910(b)(10).
In its judgment, the trial court expressly acknowledged Mrs. Sudderth’s contributions as the “primary breadwinner” as it noted that, during the marriage, she paid all the mortgages, taxes, insurance, and utilities on all four properties while Mr. Sudderth was unemployed. But the trial court also took note of the fact that, while Mr. Sudderth may have experienced substantial periods of unemployment, he renovated the properties and tended to the marital home. Mrs. Sudderth herself testifies to Mr. Sudderth doing the grocery shopping, driving her to work, performing repair work and installations on the properties, and contributing his paychecks to their joint account. And even if Mrs. Sud-derth testified that Mr. Sudderth’s handiwork was “terrible,” the trial court was free to credit the testimony of Mr. Joe Mack and Ms. Teresa Diakhate, both of whom were close to the parties’ and described Mr. Sudderth’s repair work as “excellent” or “exceptional.” Also, based on Mr. Sudderth’s testimony and detailed record of his expenditures, there was substantial evidence supporting the trial court’s conclusion that Mr. Sudderth contributed “a lion’s share” of his $110,000 inheritance to the parties’ family expenses, including money toward acquiring the Pineview Court property. Thus, there was sufficient evidence to support the trial court’s conclusion here.
Lastly, Mrs. Sudderth argues that the trial court failed to consider the civil protection orders (“CPO”) she secured against Mr. Sudderth and his CPO viola
For the foregoing reasons, we are not persuaded to disturb the trial court’s distribution of the marital property.
C.
Unrelated to the distribution of marital property, Mrs. Sudderth disputes the trial court’s $1800 award of attorney’s fees to Mr. Sudderth for the costs he incurred in defending the Nevada divorce action Mrs. Sudderth brought and subsequently withdrew. Mrs. Sudderth asserts that the trial court lacked authority to award the fees since the services were not rendered in an action brought before the Superior Court, but before the Nevada courts, which is beyond the trial court’s jurisdiction.
When reviewing an award for attorney’s fees in a divorce action, generally “our scope of review is a limited one because disposition of such motions is firmly committed to the informed discretion of the trial court.”
Steadman v. Steadman,
In awarding Mr. Sudderth attorney’s fees, the trial court did not articulate the statute or authority upon which the award rested. “In the absence of statutory or rule authority, attorney’s fees generally are not allowed as an element of damages, costs, or otherwise.”
Delacruz v. Harris,
In the instant case, Mrs. Sudderth filed for divorce in Nevada and Mr. Sudderth incurred $1800 in attorney’s fees in defending against the Nevada action. Mr. Sudderth did not seek recovery of the attorney’s fees from the Nevada courts, but requested that the Superior Court award the fees in the divorce action pending before it. Because D.C.Code § 16-911(a)(1) does not confer authority upon the trial court to award Mr. Sudderth attorney’s fees incurred in an action separate from the divorce action instituted in the Superior Court, the trial court was without authority to make such an award.
In
Poliquin v. Poliquin,
Similarly, in
Mantell v. Mantell,
As was the case in
Poliquin
and
Man-tell,
the governing statute in this case does not authorize the grant of attorney’s fees in divorce actions where those fees were incurred in “a separate suit instituted and terminated in a foreign jurisdiction,”
Poliquin, supra,
Accordingly, the trial court here did not have authority to award attorney’s fees for services performed in the Nevada action and erred in ordering Mrs. Sudderth to pay $1800 to Mr. Sudderth for attorney’s fees. We remand the case with instructions to vacate that part of the final judgment.
Accordingly, the decision of the trial court is
Affirmed in part; reversed in part.
Notes
. The trial court found all four real properties to be marital property pursuant to D.C.Code § 16-910(b) (2001), which neither party disputes.
. Mrs. Sudderth notes in her argument that the trial court erred in its findings of fact by finding that she testified to consulting with her paramour, and the couple's attorney, Mr. Joseph Lopes, about purchasing the 38th Street property and preventing Mr. Sudderth from claiming any interest in the property. While Mrs. Sudderth did testify to consulting with Mr. Lopes on many matters, such as financial statements, disbursements from the marital property, taxes and traveling to Nevada where she instituted a divorce action against Mr. Sudderth, the record does not indicate that she explicitly testified as the trial court articulated. This finding was erroneous; however, we are satisfied that it was of no consequence to the trial court's final judgment and it did not influence the weighing of the enumerated factors for the equitable distribution of marital property or the determination of whether to award alimony. Therefore, because the trial court's findings of fact, conclusions of law and judgment "taken together ... present an integrated, internally consistent and readily understood whole,”
Young-Jones v. Bell,
. The pertinent part of the D.C.Code § 16-913(d) reads:
In making an award of alimony, the Court shall consider all the relevant factors necessary for a fair and equitable award, including, but not limited to, the:
(1) ability of the party seeking alimony to be wholly or partly selfsupporting;
(2) time necessary for the party seeking alimony to gain sufficient education or training to enable that party to secure suitable employment;
(3) standard of living that the parties established during their marriage or domestic partnership, but giving consideration to the fact that there will be 2 households to maintain;
(4) duration of the marriage or domestic partnership;
(5) circumstances which contributed to the estrangement of the parties;
(6) age of each party;
(7) physical and mental condition of each party;
(8) ability of the party from whom alimony is sought to meet his or her needs while meeting the needs of the other party; and
(9) financial needs and financial resources of each party, including:
(A) income;
(B) income from assets, both those that are the property of the marriage or domestic partnership and those that are not;
(C) potential income which may be imputed to non-income producing assets of a party;
(D) any previous award of child support in this case;
(E) the financial obligations of each party;
(F) the right of a party to receive retirement benefits; and
(G) the taxability or non-taxability of income.
. Although the trial court did not mention the CPOs under this factor, it noted them in the background discussion of the judgment.
. In her brief, Mrs. Sudderth bases her challenge to the attorney's fee award on language in
Rachal v. Rachal,
