N.Y. Domestic Relations Law § 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.