Spouse Paying Attorney Fees?

Spouse paying attorney fees in your divorce?spouse_paying_attorney_fees

It is possible that your spouse will have to contribute to your divorce attorney fees.  The Court has discretion, and the basic law is that if there is a spouse with greater resources, the spouse with fewer resources may be able to get attorneys’ fees. However, for actions filed after October 11, 2010 there is a presumption that if your spouse has more money, then your spouse will have to pay for your lawyer. That’s right– your spouse paying attorney fees. This law is somewhat complicated and is not an absolute so a motion is often need to obtain this.  It is important to note that there are arguments which can be made to oppose this request for fees.  Having an attorney make and argue a motion on your behalf is essential to getting the money you need.

The fundamentally fair concept that the playing field should be level in divorce litigation and that both spouses are entitled to a relatively equal opportunity to litigate important issues in an appropriate manner has gained considerable following as evidence by the New York State Legislature’s revision to applicable laws.

Don’t ever expect to get a free ride by having all your expenses paid. However, if you’ve tried to work things out and your spouse is playing hardball with you, the court may award you a substantial portion of your fees and costs. The court will see this as fair to you and encouragement to your spouse to try a little harder to avoid taking up the court’s time.

Contesting payment of spouse’s attorney fees?

It is also possible that you can contest your payment of your spouse’s attorney fees.  There are some arguments which go to your spouse’s income and resources which can affect your presumption to pay.  You will need an experienced attorney to make the right argument for you. It is complicated and requires a very specific presentation of the facts and legal argument to be successful given the revision to the applicable New York State laws.

Additional Blog:  The Best Representation or the Cheapest Legal Costs