2019 New York Laws
DOM - Domestic Relations
Article 13 - Provisions Applicable to More Than One Type of Matrimonial Action
237 - Counsel Fees and Expenses.

Universal Citation: NY Dom Rel L § 237 (2019)
§  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
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.  An  unrepresented  litigant  shall  not be
required to file such  an  affidavit  detailing  fee  arrangements  when
making  an  application  for  an  award  of  counsel  fees and expenses;
provided he or she has submitted an affidavit that he or she  is  unable
to  afford  counsel  with supporting proof, including a statement of net
worth, and, if available, W-2 statements  and  income  tax  returns  for
himself  or  herself.  Any  applications  for  fees  and expenses may be
maintained by the attorney for either spouse in his or her 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.

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