Opinion
May 22, 1973.
Editorial Note:
This case has been marked 'not for publication' by the court.
James S. Kimmel, Littleton, for plaintiff-appellee.
Gerald M. Madsen, Littleton, for defendant-appellant.
SILVERSTEIN, Chief Judge.
This is an appeal from permanent orders entered following a decree which granted a divorce to both parties. The husband appeals from the order awarding his one-half of the equity in the family residence to the wife, 'in lieu of alimony,' and the order requiring him to pay one-half of the wife's attorney fees and the wife's costs. We affirm.
The husband argues that the wife, being employed, was not entitled to alimony and, therefore, not entitled to anything in lieu thereof. The wife was not awarded any alimony. It is clear from the entire order of the trial court that the award of the equity was not made as alimony, but was given to the wife as her share of the assets of the parties. The order states, Inter alia, that the values of the assets awarded to the husband 'correspond with the equity of plaintiff (wife) in the residence.' This is not disputed. The division of the property was eminently fair and there was no abuse of discretion.
The husband further contends that the order requiring him to pay one-half of the wife's attorney fees ($420.00) and costs was an abuse of discretion. He argues that since the wife was employed she was not destitute and was financially able to prosecute the action without such allowance. However, the trial court must consider not only the income of the parties but also their obligations. The validity of the allowance of attorney fees and costs must also be determined in the light of the other provisions in the final orders. We find no abuse of discretion here and, therefore, affirm. Alden v. Alden, 155 Colo. 51, 393 P.2d 5, Berglund v. Berglund, 28 Colo.App. 382, 474 P.2d 800.
Judgment affirmed.
DWYER and PIERCE, JJ., concur.