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In re the Marriage of Benjamin
Citations: 740 P.2d 532; 1987 Colo. App. LEXIS 832Docket: No. 85CA0958
Court: Colorado Court of Appeals; June 11, 1987; Colorado; State Appellate Court
The decedent, a wife, initiated dissolution proceedings against her husband, Franzen, and temporary orders regarding custody, visitation, maintenance, and child support were established before her death. Following her passing, her personal representative sought an award of attorney fees from the trial court, which was dismissed, leading to an appeal. The appellate court affirmed the lower court's decision. The personal representative acknowledged the conflicting authority on a husband's liability for his deceased wife's attorney fees but conceded that Colorado law, specifically the case Greer v. Greer, 110 Colo. 92 (1942), dictates that such claims abate upon the wife's death. Although Greer was decided under an earlier statute, there are no provisions in the Uniform Dissolution of Marriage Act that would override this precedent. Section 14-10-119, C.R.S., allows for attorney fee awards to equalize the financial standing of parties in dissolution actions, but awarding fees to a deceased wife's attorney does not serve this purpose. The case Sarno v. Sarno was distinguished, as it involved post-death property awards, unlike the current case where no attorney fees were awarded prior to the wife's death. The judgment was affirmed, with Judges Smith and Babcock concurring.