2023 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.