NY Dom Rel L § 237 (2021)
2021 New York Laws DOM - Domestic Relations Article 13 - 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 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.