 COUNSEL FEES |
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The spouse who is possessed of less money may seek an order requiring the other spouse to pay his or her attorney fees and expenses. Counsel fees are awarded to ensure a level playing field, so that each party is able to carry on or defend the matrimonial proceeding. The laws of the State of New York recognize that equity requires that each spouse be free from economic dominance, such that that each case is decided on the merits, rather than by “the weight of the wealthier litigant’s wallet.” Expenses for which payment can be sought from the other spouse include accountant’s fees, appraisal fees, investigative fees, and the fees of other experts. In fact, in certain circumstances such as when one spouse has willfully violated a court order by failing to pay a sum of money, the court is required to make an award of reasonable counsel fees.
Factors for the court to consider, upon an application for counsel fees, include the complexity of the litigation; the financial circumstances of each party; the nature of the legal services provided; and the skill and experience of the applicant’s attorney. An experienced and thorough matrimonial practitioner will ensure that his client is afforded adequate representation, and will seek awards of counsel fees and expert fees necessary to protect his client’s interests.
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| Mark I Plaine, ESQ |
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