CourtListener opinion 1073497

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IN THE COURT OF APPEALS OF TENNESSEE
 AT JACKSON
 APRIL 2000 SESSION

 MONA ZAYYAT KOJA v. ABED SALAM KOJA

 A Direct Appeal from the Circuit Court for Shelby County
 No. 148332-3 The Honorable Karen R. Williams, Judge

 No. W1999-00993-COA-R3-CV - Decided July 28, 2000

Wife was granted a divorce and received a division of marital property and alimony in futuro. The
trial court denied Wife attorney fees and expenses. Wife has appeal. The trial court's order denying
an award of attorney fees and expenses is reversed. The case is remanded for entry of an order
awarding one-half of the attorney fees and expenses.

Tenn.R.App.P. 3, Appeal as of Right; Judgment of the Circuit Court Reversed in Part and
Remanded.

CRAWFORD , P.J., W.S., delivered the opinion of the court, in which J. HIGHERS , and J. FARMER ,
joined.

Fred M. Ridolphi, Jr., Memphis, For Appellant

John B. Philip, Memphis, For Appellee

 OPINION

 Plaintiff-appellant, Mona Zayyat Koja (Wife), appeals from the order of the trial court as part
of the final decree of divorce that denied an award of attorney fees and expenses against defendant-
appellee, Abed Salam Koja (Husband).

 Parties were married in 1969 in Raka County, Syria and came to the United States in 1974.
There were five children born of the marriage, two remained minors at the time of trial in October
of 1996. During the marriage, Husband obtained a medical decree and became board certified in
neurosurgery. Wife's only source of income during the marriage was money provided by Husband
and received as gifts from her family.

 On March 7, 1995, Wife filed a complaint of divorce. The complaint was answered by
Husband on July 1, 1996. A non-jury trial was held from October 28 through October 31, 1996. At
the time of trial, Husband was 49 years of age and Wife was 47 years of age. On December 11, 1996,
a final decree of divorce was entered reserving the issue of an award for plaintiffs attorneys fees and
 expenses.

 In the final decree of divorce, the court found that Wife would not be employable in the near
future and her earning capacity would be substantially less than Husband's earning capacity. The
net marital assets totaled approximately $858,000.00. Wife asserts that Husband received
approximately 60% of the marital assets, $499,551.70, and Wife received approximately 40% of the
marital assets, $358,503.441. Husband asserts that considering the debts he is required to pay, the
percentages are closer to 37% to Husband and 63% to Wife. In dividing the assets the trial court
ordered:

 The Court shall award to Mrs. Koja the property at 2796 Hunters
 Forest and the Bavarian Village condominium. The debts on these
 properties shall be paid for by Dr. Koja within ninety (90) days from
 the entry of this order in order that the properties will be received by
 Mrs. Koja free and clear of debt. All of the rest of the real estate,
 being as follows: 2816 Sugar Top, 2213 Sugar Top, both in Banner
 Elk, North Carolina; 213 Hillcrest, Bluefield, Virginia; 7133
 Germantown Court, Memphis, Tennessee; 6757 Kirby Lawns Cove,
 Memphis Tennessee; 308 Surfside, Destin, Florida; 808 Wagner
 Place, Memphis Tennessee; Big Ridge property, Bland County,
 Virginia; and the Mercer County property shall all go to Dr. Koja.

 That the two (2) automobiles, being a 1991 Mitsubishi Galant
 and a 1986 Dodge Van shall be awarded to Mrs. Koja, with Dr. Koja
 instructed to repair each vehicle so that it is in running condition and
 that thereafter, the maintenance and upkeep shall be the responsibility
 of Mrs. Koja.

 Mrs. Koja is awarded all of the contents of the family home,
 including the property that had been removed and returned, with the
 exception that Dr. Koja is entitled to remove any family items which
 were wedding gifts from his family from those items. The necklace
 and bracelet that were in a lock box and retained by Mrs. Koja shall
 remain her separate property. Dr. Koja shall receive all the household
 furnishings in Bluefield, Virginia. Dr. Koja shall also receive the
 investments in the Physicians MRI; Southeast Processing; East
 Memphis MRI; and the Chappel (sic) Hill and Chappel (sic) Woods
 LP, I.R.G.P. Corporation. Mrs. Koja has spent 20 oz. of gold that
 will be assessed on her side.

 1
 The court did not make a finding as to the value of assets, however Wife uses
Husband's valuation in her brief indicating her acceptance of these amounts.

 -2-
 All the checking accounts at First Community Bank in
 Bluefield, Virginia, being account numbers 024460; 054835;
 8569362; and 8536932, the First Tennessee Bank account number 98-
 4009878; and the Charles Schwab account shall all go to Dr. Koja.
 Mrs. Koja shall receive her personal checking account at First
 Tennessee Bank, account number 20-87888758. Mrs. Koja shall be
 awarded $50,000.00 of Dr. Koja's profit sharing plan, which shall be
 transferred by an appropriate Qualified Domestic Relations Order,
 which should be prepared by her counsel. Dr. Koja shall also pay to
 Mrs. Koja as a further division of marital assets, a cash payment of
 $34,000.00.

 Dr. Koja shall pay to Mrs. Koja the sum of $3,000.00 per
 month as periodic alimony, which shall terminate upon her death or
 remarriage. That the Court has taken into consideration the potential
 cost for health insurance and has included a sufficient amount within
 the $3,000.00 monthly award for Mrs. Koja to obtain and provide her
 own health and medical insurance.

 In dividing up the debts, Dr. Koja shall pay to Mrs. Koja, the
 sum of $2,800.00 for the Sears bill to cover the cost of the refrigerator
 and freezer. Dr. Koja, shall also pay the pool bill expenses
 introduced as evidence into this cause and the outstanding medicals
 that were introduced in this cause. He is further authorized to find a
 repair person of his choosing to put the 1986 Doge Van into running
 condition. Dr. Koja shall also retain the 12 place silver setting in his
 possession.

 That the Plaintiff's attorney's fees shall be determined at a
 subsequent hearing....

 A hearing on Wife's application for attorneys fees and expenses was held on March 9, 1998,
and an order was entered denying Wife's application. On March 18, 1998, Wife filed Rule 52 and
Rule 59 motions for an amendment or alteration of the judgment as to attorneys fees and expenses.
The motions were denied by an order entered April 20, 1999. On appeal, Wife raises one issue for
review as stated in her brief:

 Did the court err in finding that Plaintiff/Appellant failed to demonstrate a
 need for Defendant/Appellees to pay her legal fees and expenses?

 Wife asserts that the trial court erred in failing to make an award in her favor for attorneys
fees and expenses, the amount of which is not challenged. Wife contends that Husband is in a far
better position to bear her attorneys fees and expenses. Husband's combined income for 1993,
1994, and 1995 was $1,676,000.00, and in 1996, at the time of trial, his gross monthly income was

 -3-
 $35,000.00. Wife asserts that Husband is her only source of income, and that she did not work or
further her education during the marriage because of the need for her to stay home and care for the
children.

 Husband is a practicing neurosurgeon and has a substantial earning capacity for many years
to come. Wife asserts that she has no prospect of an income capacity and no separate property. The
only moneys that Husband gave to Wife during the marriage were funds to maintain the household.
During the 26-year marriage, Husband accumulated a number of properties, invested in the stock
market, owned Arabian horses, and invested in other ventures that lost money. The record reflects
that Husband was awarded six of the seven marital rental properties that generate approximately
$69,000.00 annual income. In addition, Wife asserts that Husband has expended at least $30,000.00
of marital income on his legal fees. Consequently, Wife argues that she has paid approximately 40%
of his legal fees and expenses.

 Husband points out that the court awarded Wife $3,000.00 per month alimony in futuro, in
addition to a $34,000.00 cash award, and a rental property generating $750.00 per month. Husband
asserts that Wife's monthly expenses were calculated when Wife had custody of the two minor
children, and with the alimony award and rental income, she shows no need for additional alimony.
Wife is not required to pay any child support or travel expenses of the children. Husband contends
that the trial court was correct in ruling that Wife had received adequate income, and that she was
not entitled to an additional award of alimony to compensate for attorneys fees and expenses.

 An award of attorney fees constitutes alimony in solido. Herrera v. Herrera, 944 S.W.2d
379, 390 (Tenn. Ct. App.1996); Cranford v. Cranford, 772 S.W.2d 48, 52 (Tenn. Ct. App.1989).
The decision whether or not to award attorneys fees is within the sound discretion of the trial court
and \will not be disturbed upon appeal unless the evidence preponderates against such a decision.\"