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Divorce attorneys’ fees can be costly and quickly add up. Under New York Domestic Relations Law, the courts have extensive power in deciding who covers legal costs to ensure that quality representation doesn’t depend on income levels.

There may be instances in which a judge could require one spouse to cover the legal fees of their former partner, here is what you need to know:

Who pays the attorney’s fees?

In most divorce cases, each spouse is responsible for paying their own attorney’s fees; however, in certain instances a judge may order one party to cover the other party’s legal expenses based on several factors.

Judges also take into account each spouse’s conduct during divorce proceedings. Courts tend to favor parties who settle their cases amicably instead of going to trial; this reduces court caseload while saving both time and money for both parties involved. A judge may be less willing to award attorneys’ fees to parties who force issues into trial unnecessarily or engage in misconduct, such as concealing assets.

When seeking legal fees from the court, it is best to file early so your financial circumstances can be evaluated. Your lawyer can help ensure the petition includes all relevant financial data and legal arguments to increase your chances of success. Furthermore, they can advise on ways to create cost savings through document preparation, smart use of paralegal services and open communication between both parties regarding billing matters. New York law prohibits non-refundable retainer fees; attorneys are required to disclose any additional costs beyond what has been agreed in their retainer agreements in an open manner.

Divorce can be costly. At Winter & Grossman, we can assist with determining who will cover attorney fees and other associated costs associated with divorce. Often this will occur when one spouse qualifies for alimony or post-separation support payments; or when another party engages in behavior which lengthens proceedings unnecessarily.

Can the court order one spouse to pay the other’s attorney’s fees?

Court orders typically impose attorney fees payments upon either spouse for engaging in bad faith conduct such as failing to follow discovery requests, concealing assets or engaging in unlawful practices which burden the other party. This can include things like not following discovery requests, failing to return assets as requested, refusing discovery requests or engaging in dishonest practices which harm their counterpart party.

Courts do not usually award attorney fees for the division of property (also called equitable distribution) portion of a divorce case, due to it often being treated as separate action from the main divorce process. However, in certain circumstances judges have awarded fees related to equitable distribution based on specific facts presented during hearings or through other avenues.

Can the court order one spouse to pay for the other’s attorney’s fees?

As a Buffalo Divorce Lawyer, many clients come to me with the question, “Can I make my spouse pay my legal fees?” Unfortunately, New York law does not permit one party to be forced into paying another party’s legal bills; however, a judge can order that party to cover such costs under certain circumstances.

This can happen if it appears that either party is engaging in misconduct during divorce proceedings. For example, if the court determines that one spouse took matters to trial unnecessarily or attempted to hide assets during proceedings without authorisation, that individual could be forced to cover their spouse’s attorney fees as punishment.

Court decisions regarding legal fees depend on the unique circumstances of each case and should take several factors into account, including each party’s annual income and complexity of their case. Furthermore, it should be noted that there is often an assumption that less-monied spouses must cover legal fees of their more-earning partner during divorce proceedings; however a skilled divorce lawyer may challenge this presumption and demonstrate why this arrangement would be unfair; particularly if there are large financial assets at stake that need to be divided among spouses during this process.