Lamb v. Lamb

Judge COZORT

concurring in part and dissenting in part.

I agree with that portion of the majority which affirmed the trial court’s order awarding permanent alimony to defendant. I disagree with the majority’s conclusion that the trial court erred in awarding attorneys’ fees to defendant.

Defendant is 68 years old, in bad health, and did not work outside the home during the marriage. At separation, she had no income and no significant separate estate. After equitable distribution, she has a sizable “paper” estate; however, the bulk of that estate is the marital home and investment accounts received in the equitable distribution which provide some income for the defendant. If defendant must pay her own attorneys’ fees, she must use all the alimony received from plaintiff for a substantial period of time, sell the marital home, or liquidate the investment assets received in the equitable distribution. Neither option is, in my view, appropriate. The law should not require the dependent spouse to deplete that which she receives in equitable distribution or as alimony payments in order to pay her attorneys for services rendered to her. I vote to affirm the trial court’s decision to award attorneys’ fees to defendant.