Will My Spouse Have to Pay My Legal Fees
As one might expect, clients frequently ask whether their spouse will pay or, be required to pay all or part of their legal fees. Counsel fees can be granted by a court in New York both on an interim basis during the pendency of a divorce action or, at the time of the ultimate resolution of your case after trial. With only a small percentage of cases (<5%) being tried to conclusion and being determined by a court, more often than not the issue of counsel fees is negotiated by attorneys as part of an interim or final settlement agreement. In assessing the parties’ ability to pay counsel fees, the following are among the factors to be considered:
The relative incomes and financial circumstances of the parties and, whether one party earns substantially more than the other.
The merits of the parties’ positions (or lack thereof).
Whether a party engaged in obstructionist tactics or like behavior designed to delay or prolong the proceedings.
The value of the assets the less-monied spouse will receive in Equitable Distribution as part of a resolution of the divorce.
While the issue of counsel fees is decided on a case by case basis upon consideration of these and other factors, the greater the disparity in your assets/incomes, the greater your entitlement to an award of counsel fees from your spouse. In addition, courts rarely grant counsel fees to the “monied-spouse,” even where their spouse has taken non-meritorious positions or engaged in obstructionist tactics which prolonged the proceedings.
Feel free to contact us if you would like to see how The Isaacs Firm can help you.
