New York Divorce Lawyer Blog
Generally, in civil litigation, parties are expected to pay for their own legal counsel. There are some exceptions to the general rule, however. For example, pursuant to New York law, the party with fewer assets in a divorce action may be able to recover counsel fees from their spouse. In a recent New York ruling, the court discussed the factors weighed in determining whether to grant counsel fees before deciding to grant them to the wife. If you are considering pursuing a divorce, it is in your best interest to confer with a New York divorce attorney to determine your options.
Factual and Procedural Background
It is alleged that the husband and wife were married in 1995 and had two children, both of whom were adults by the time of this action. The wife filed for divorce on August 25, 2017. The case moved slowly, with multiple motions and hearings extending the litigation. One of the key early motions was filed by the wife in June 2020, seeking $25,000 in interim counsel fees, leading the court to order the husband, as the monied spouse, to pay her $20,000 for legal fees.
Reportedly, the case continued with further motions and cross-motions, including disputes over expert testimony and additional counsel fees. The court ultimately precluded the husband from using an expert report at trial due to late submission, a decision later reversed in 2023. Both parties filed numerous motions, including one from the wife seeking $65,000 in additional counsel fees in 2024. Although a settlement stipulation resolved many issues, the counsel fee issue remained for the court to decide.
Grounds for Awarding Counsel Fees in Divorce Actions
The court evaluated the wife’s request for $65,000 in counsel fees under Domestic Relations Law § 237(a), which provides a rebuttable presumption that the less-monied spouse is entitled to counsel fees.
The wife argued that the husband, as the monied spouse, should bear the cost due to his alleged unreasonable litigation tactics, which she claimed prolonged the proceedings and increased her legal fees. The husband, however, contended that the equitable distribution of assets made their financial positions comparable and denied engaging in obstructionist behavior. He further argued that the wife’s billing was excessive and did not comply with ethical standards.
The court carefully considered the financial circumstances of both parties and the extensive motion practice that had taken place over seven years of litigation. After doing so, it found that both parties had contributed to the prolonged nature of the case, with neither party being entirely free from blame for the delays.
Nonetheless, the court focused on who the monied spouse was after the equitable distribution. The court reviewed the assets each party retained and concluded that both parties had a significant financial stake. In considering the statutory presumption in favor of awarding counsel fees to the less-monied spouse, the court weighed the overall circumstances, including the conduct of both parties and their current financial positions, to ultimately reach the decision to grant the wife’s request for counsel fees, albeit at a reduced amount.
Confer with a Trusted New York Divorce Attorney
If you or your spouse are weighing whether to legally end your marriage, it is critical to understand your rights, and you should speak to an attorney as soon as possible. Ksenia Rudyuk is a highly skilled New York divorce attorney equipped with the necessary resources to help you seek the best possible outcome for your case. To schedule a consultation, you can reach Ms. Rudyuk by calling 212-706-2001 or using our online form.