Fried v. Fried

SCHEB, Chief Judge.

In dissolving this marriage of approximately two years duration between the husband, age 58, and the wife, age 57, the trial court denied the husband’s request for alimony and attorney’s fees. We find no abuse of discretion in the court’s denial of the husband’s request for alimony, and on that issue we affirm. On the issue of attorney’s fees, however, we reverse.

While the husband had no appreciable assets, he did have the capacity to earn a substantial income. Thus, the trial judge did not abuse his discretion in denying both rehabilitative and permanent alimony to the…