Can I Get My Spouse to Pay My Attorney Fees in a Divorce Case?

While navigating the divorce laws may be stressful, it's the legal fees that most married couples worry about. Understanding the costs involved in hiring an attorney and the laws associated with it are important, as in some cases, the court may award fees to the other spouse.

Before making a decision on who gets to pay what, the court assesses the situation by looking at several factors, some of which include financial resources and the complexity of the case. While each divorce case is different, the judge uses fairness and equity as the guiding principles to arrive at a fair outcome.

An experienced divorce attorney can help guide individuals on their legal options, allowing them to manage the financial aspects of the divorce proceedings effectively.

How New York Law Addresses Legal Attorney Fees in a Divorce

Also referred to as "counsel fees," the judge uses New York Domestic Relations Law §237(a) to decide who gets to pay legal fees during the divorce proceedings.

Under New York law, a court may order one spouse to cover the other spouse’s divorce attorney fees, especially if they have significantly more financial resources. That said, there is no guarantee of a full reimbursement. Instead, the awards may cover all or part of the fees.

Spouses with greater financial resources are often called the monied spouse. In most divorce cases, they are more likely to be responsible for paying the other spouse’s legal fees. However, in some situations, the court may rule in their favor.

If a spouse doesn't have the means to cover their legal fees, they must reach out to the court at the beginning of the case, file a petition, and ask for an award to pay for quality legal counsel.

Factors New York Courts Consider When Determining Who Pays Attorney Fees

There are several factors that New York courts evaluate when determining which spouse should pay the other spouse's attorney fees. They include the following:

Spouse’s Income and Financial Circumstances

One of the major factors in determining who pays the attorney fees is the financial capacity of each spouse.

The court will assess the income and assets of each spouse. If there is a huge difference, the judge may order the higher-earning spouse to cover part or all of the other spouse’s attorney fees.

Sometimes, one spouse might be financially dependent on the other. The court may award attorney fees to help them afford legal representation. Otherwise, the monied spouse might use their financial resources in a divorce case to receive an unjust outcome. For more information, hire a divorce lawyer in Albany NY.

Contributions to the Marriage

When deciding who gets to pay the legal fees, judges also consider contributions made by each spouse to the marriage. This includes financial support, caregiving, and homemaking duties.

Misconduct by the At-Fault Party

The court frowns upon bad faith, and this may include hiding assets or causing unnecessary delays. If the at-fault party engages in such practices, deliberately prolonging the case, the judge may order them to cover the other party’s attorney fees and related expenses.

The misconduct by the at-fault party must be directly tied to legal costs. Fees arising from the at-fault party's conduct, whether it's a motion requesting additional court appearances or disputes over child support, can influence who gets to pay.

Complexity and Duration of the Case

When a divorce turns complicated, especially in cases of child custody or spousal support, the legal fees could rise. This may result in a greater financial strain on the spouses.

In such situations, the judge may consider the circumstances that these may have on each spouse's finances before making a decision.

Duration of the Marriage

The court may also consider the duration of the marriage when determining who gets to pay the legal fees of the other spouse.

Divorces involving shorter marriages with fewer shared resources are easier to resolve. On the other hand, a longer marriage with intertwined finances can make things complicated, requiring additional oversight into financial matters before making a decision.

Good Faith Behavior

Just as the court frowns upon bad behavior, it also encourages or rewards actions in good faith. When a judge finds out that one party did everything they could to support the other spouse and help them throughout the divorce proceedings, they may not shift the fees against them. However, if there is bad behavior, like a restraining order being placed on either of them.

Can I Get My Spouse to Pay My Attorney Fees?

Typically, each party is responsible for their own attorney fees in a divorce. However, there are certain exceptions, including major financial disparities or misconduct.

While courts do not automatically require a spouse to pay all costs, they may allocate partial or full coverage of the other spouse’s attorney fees upon further investigation. This helps ensure that both parties can afford legal representation without causing any disadvantage to either side.

New York Courts Have Discretion in Determining Who Pays Attorney Fees

When deciding who pays attorney fees in a divorce, New York courts have full discretion. The judges often consider the unique circumstances of each case before making a decision. This helps them balance the financial burden of litigation and ensure that the spouse with greater means does not gain an unfair advantage.

Enforcement of Attorney Fee Awards in New York

After passing the order, there are two ways a judge may enforce their decision. They can issue a judgment, ordering one spouse to pay money to cover the other’s fees or making adjustments in the equitable distribution of marital property.

The spouse that's required to pay may have to cover their own lawyer retainer fees and also the attorney fees incurred by the other party.

How Can a New York Divorce Attorney Help

Consulting an attorney is essential for understanding one’s rights, what lawyers charge, and what constitutes reasonable attorney's fees. An experienced divorce lawyer can guide clients through the legal process, explaining how New York law applies to legal costs and who may be required to pay attorney fees.

A skilled divorce attorney can help clients:

• Understand divorce and family law that may be applicable to their case.

• Prepare an application for counsel fees under D.R.L. §237(a).

• Gather evidence of financial disparity or misconduct.

• Calculate one's own attorney fees and others’ attorney fees.

• Minimize one's own legal fees while pursuing the other spouse’s attorney fees if entitled.

• Present legal arguments in the relevant court.

Need Help with a Divorce in New York? Schedule a Free Consultation with Divorce & Family Legal!

Whether seeking to have a spouse pay divorce fees or understanding the state laws, it's crucial to contact an experienced attorney as soon as possible.

Divorce & Family Legal helps individuals navigate the legal process, assess financial resources, and protect their interests in Albany and across New York. Our team guides clients through motions requesting counsel fees, disputes over child support, laws regarding legal fees, and other complex issues in divorce proceedings.

To discuss your New York divorce case, schedule a free consultation today!