2013 New York Consolidated Laws
DOM - Domestic Relations
Article 13 - (230 - 255) PROVISIONS APPLICABLE TO MORE THAN ONE TYPE OF MATRIMONIAL ACTION
237 - Counsel fees and expenses.

 
    §  237.  Counsel  fees and expenses.   (a) In any action or proceeding
  brought (1) to annul a marriage or to declare  the  nullity  of  a  void
  marriage,  or  (2)  for  a  separation,  or (3) for a divorce, or (4) to
  declare the validity or  nullity  of  a  judgment  of  divorce  rendered
  against  a  spouse who was the defendant in any action outside the State
  of New York and did not appear therein where  such  spouse  asserts  the
  nullity   of  such  foreign  judgment,  (5)  to  obtain  maintenance  or
  distribution of property following a foreign judgment of divorce, or (6)
  to enjoin the prosecution in any other jurisdiction of an action  for  a
  divorce,  the  court  may  direct  either spouse or, where an action for
  annulment is maintained after the death of  a  spouse,  may  direct  the
  person  or  persons maintaining the action, to pay counsel fees and fees
  and expenses of experts directly to the attorney of the other spouse  to
  enable  the  other  party to carry on or defend the action or proceeding
  as, in the court's discretion, justice requires, having  regard  to  the
  circumstances of the case and of the respective parties.  There shall be
  rebuttable  presumption  that  counsel fees shall be awarded to the less
  monied spouse. In exercising the court's  discretion,  the  court  shall
  seek  to assure that each party shall be adequately represented and that
  where fees and expenses are to be awarded, they shall be  awarded  on  a
  timely  basis,  pendente  lite,  so as to enable adequate representation
  from the commencement of the proceeding.  Applications for the award  of
  fees  and  expenses  may  be  made  at  any time or times prior to final
  judgment. Both parties to the action or proceeding and their  respective
  attorneys,  shall  file  an  affidavit  with  the  court  detailing  the
  financial agreement between the party and the attorney.  Such  affidavit
  shall  include  the  amount  of any retainer, the amounts paid and still
  owing thereunder, the hourly amount charged by the attorney, the amounts
  paid,  or  to  be  paid,  any  experts,  and   any   additional   costs,
  disbursements or expenses. Any applications for fees and expenses may be
  maintained by the attorney for either spouse in his own name in the same
  proceeding.  Payment  of  any  retainer  fees  to  the  attorney for the
  petitioning party shall not preclude any awards of fees and expenses  to
  an applicant which would otherwise be allowed under this section.
    (b)  Upon  any  application  to  enforce,  annul or modify an order or
  judgment for alimony, maintenance, distributive award,  distribution  of
  marital  property or for custody, visitation, or maintenance of a child,
  made as in section two hundred thirty-six or section two  hundred  forty
  of  this  article  provided,  or  upon any application by writ of habeas
  corpus or by petition  and  order  to  show  cause  concerning  custody,
  visitation  or  maintenance of a child, the court may direct a spouse or
  parent to pay counsel fees and fees and expenses of experts directly  to
  the  attorney of the other spouse or parent to enable the other party to
  carry on or defend the application or proceeding by the other spouse  or
  parent as, in the court's discretion, justice requires, having regard to
  the circumstances of the case and of the respective parties. There shall
  be  a  rebuttable  presumption that counsel fees shall be awarded to the
  less monied spouse. In exercising  the  court's  discretion,  the  court
  shall seek to assure that each party shall be adequately represented and
  that where fees and expenses are to be awarded, they shall be awarded on
  a  timely  basis, pendente lite, so as to enable adequate representation
  from the commencement of the proceeding. Applications for the  award  of
  fees  and  expenses  may  be  made  at  any time or times prior to final
  judgment. Both parties to the action or proceeding and their  respective
  attorneys,  shall  file  an  affidavit  with  the  court  detailing  the
  financial agreement, between the party and the attorney. Such  affidavit
  shall  include  the  amount  of any retainer, the amounts paid and still
  owing thereunder, the hourly amount charged by the attorney, the amounts

  paid,  or  to  be  paid,  any  experts,  and   any   additional   costs,
  disbursements or expenses. Any applications for fees and expenses may be
  maintained  by  the  attorney for either spouse in counsel's own name in
  the  same  proceeding.  Payment of any retainer fees to the attorney for
  the petitioning party shall not preclude any awards of fees and expenses
  to an applicant which would otherwise be allowed under this section.
    (c) In any action or proceeding for failure to obey any  lawful  order
  compelling  payment of support or maintenance, or distributive award the
  court shall, upon  a  finding  that  such  failure  was  willful,  order
  respondent  to  pay  counsel  fees  to  the  attorney  representing  the
  petitioner.
    (d) The term "expenses" as used in subdivisions (a) and  (b)  of  this
  section  shall  include,  but  shall not be limited to, accountant fees,
  appraisal fees, actuarial fees, investigative fees and  other  fees  and
  expenses that the court may determine to be necessary to enable a spouse
  to  carry  on  or  defend an action or proceeding under this section. In
  determining the appropriateness and necessity of fees, the  court  shall
  consider:
    1. The nature of the marital property involved;
    2.  The  difficulties  involved, if any, in identifying and evaluating
  the marital property;
    3. The services rendered and an estimate of the time involved; and
    4. The applicant's financial status.