Attorney’s Fees in New York Divorce Cases

In some cases, the court can order one party to pay the other’s legal fees. This happens rarely, but it does happen. Essentially, the court must establish that one party has a need and the other party has the ability to pay. In this article, the Rockland County family law attorneys at the Law Office of Robert S. Sunshine will discuss a real case that involved an award of legal fees to one party. 

Background of the case

The aforementioned case began as a matrimonial action in which the parties disputed various financial and post-divorce issues. In its final judgment of divorce, the trial court ordered the former husband to pay $2,000 toward the former wife’s legal fees. Although the fee award was not the main issue in the case, it was one of the issues on appeal.

Section 237 of the Domestic Relations Law of New York authorizes courts in divorce actions to award counsel fees so that the parties are both adequately represented. This law was enacted in an attempt to eliminate the disparity in income between the two parties and to avoid giving an unfair litigation advantage to the financially better-off party. Trial courts have the discretion to consider the relative financial positions of the parties, the merits of the positions taken by both parties, and the conduct of the litigation in its entirety. 

The appeal 

On appeal, the plaintiff argued that the fee award to the attorney was not appropriate and should be reversed. The Appellate Division, Fourth Department, disagreed with the husband’s argument and affirmed the fee award.

In affirming the fee award, the Appellate Division emphasized that the award of counsel fees in a matrimonial case is within the sound discretion of the trial court. The Appellate Division also emphasized that an award of counsel fees in a matrimonial case is not to be disturbed on appeal unless there is an abuse of discretion. In the aforementioned case, the record supported the trial court’s determination, and there was no indication that the fee award was punitive or in excess of what was justified under the financial circumstances of the parties.

In affirming the fee award, the Appellate Division reinforced the notion that a relatively modest fee of $2,000 is likely to be upheld where the trial court articulated a rational basis for awarding it. 

Key takeaways 

• Attorney fee awards are commonplace and legal – The courts are not obligated to make each side pay their own legal fees, especially in cases where there is a disparity in finances.

• Appeals in these cases can be an uphill battle – This is because fee awards will be reviewed under an abuse of discretion standard, and very few will be reversed. 

• Litigation conduct is a consideration – While in this case, neither side committed litigation misconduct, New York courts will often consider whether one side’s litigation conduct prolonged the case and drove up legal fees. 

Talk to a Rockland County, NY, Divorce Lawyer Today

The Law Office of Robert S. Sunshine represents the interests of Rockland County residents during their divorce. Call our Rockland County family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

nycourts.gov/REPORTER/3dseries/2012/2012_00558.htm