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Bordeau v. Bordeau6/19/2003
ons, and that defendant's level of education provided only limited employment prospects. She also testified that defendant had additional symptoms of depression and insomnia. The trial court could properly have relied on this testimony, as well as that of defendant herself, in determining that defendant continued to suffer a disability from the accident and was unable to work in any meaningful capacity. Therefore, the trial court's property division decision was equitable under the circumstances.
IV.
Plaintiff also challenges the trial court's decision to award alimony to defendant. For the reasons stated above, we find no error in the court's alimony award. The trial court properly exercised its discretion in determining that an alimony award was appropriate due to the substantial difference in incomes and the financial positions of the parties. Moore v Moore, 242 Mich App 652, 654; 619 NW2d 723 (2000); Demman v Demman, 195 Mich App 109, 110; 489 NW2d 161 (1992).
V.
Plaintiff argues that the trial court abused its discretion in awarding defendant $2,500 in attorney fees. We disagree.
In a divorce action, attorney fees are not recoverable as of right, but are "awarded only where necessary to preserve the party's ability to carry on or defend the action." Stoudemire, supra at 344; see also MCL 552.13(1) and MCR 3.206(C)(2). However, an award of attorney fees may be proper if the parties' incomes are significantly disparate. Vollmer v Vollmer, 187 Mich App 688, 690; 468 NW2d 236 (1990). Moreover, attorney fees also may be authorized when the requesting party has been forced to incur expenses as a result of the other party's unreasonable conduct in the course of litigation. Hanaway v Hanaway, 208 Mich App 278, 299; 527 NW2d 792 (1995); Maake v Maake, 200 Mich App 184, 189; 503 NW2d 664 (1993).
Here, defendant testified that, as of the date of trial, she owed her attorney $7,100 in fees. Plaintiff says that he should not have been forced to pay a portion of defendant's attorney fees because they were incurred as the result of defendant's unreasonable actions. However, a number of other unnecessary expenses may also be properly credited to plaintiff's conduct. The trial court did not abuse its discretion in awarding partial attorney fees to defendant. Hanaway, supra at 299; Maake, supra at 189.
Affirmed.
Jane E. Markey
Henry William Saad
Kurtis T. Wilder
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