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Marriage of Lozon12/18/1992
rding of attorney fees is clearly permissive under this statute. Sullivan 794 P.2d at 691; In re the Marriage of Smith (1990), 242 Mont. 495, 503, 791 P.2d 1373, 1378. The appropriate standard for reviewing a district court decision awarding costs and attorney fees under Section 40-4-110, MCA, is whether the court abused its discretion when it awarded such fees and costs. In re the Marriage of Manus (1987), 225 Mont. 457, 465, 733 P.2d 1275, 1279; In re the Marriage of Johnston (1986), 223 Mont. 383, 388, 726 P.2d 322, 326. To insure that there is no abuse of discretion when fees and costs are awarded, Section 40-4-110, MCA, requires the court to consider the relative financial resources of the parties before making its decision. Sullivan, 794 P.2d at 692.
In its Conclusion No. 8, the District Court states that:
Petitioner has incurred attorney's fees and Court costs to prosecute her action, none of which have been paid; based upon the financial disparity between the parties' income producing abilities, the necessity shown by the Petitioner, the entire economic and financial facts and circumstances herein set out, the Court concludes that Petitioner does not and will not have the capability to pay her attorney's fees and costs. The Respondent should pay the same.
The record reveals that the District Court was aware of the financial resources and financial burdens of both Bonnie and Larry as required by Section 40-4-110, MCA, and that the court made an informed, proper decision to award Bonnie attorney fees. The District Court's decision in this case was not a simple or easy one. Based on the combined resources of the parties, which are evident from the record, it was obviously difficult to apportion them in a way that comfortably supports two households and still leaves enough to pay for the cost of litigation. However, we conclude that the District Court's award of costs and attorney fees was not an abuse of discretion and the District Court's award of maintenance was not clearly erroneous.
We affirm the District Court.
CHIEF JUSTICE TURNAGE, JUSTICES HARRISON, GRAY and WEBER concur.
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