Attorney’s fees can add up in divorce especially if you and your spouse cannot settle and choose to litigate your disputes. If you’re worried about how you’ll pay for an attorney, you may be able to get help from your spouse. In determining who pays attorney’s fees and how much, there are generally two options, both intended to ensure you each have equivalent legal representation.
Legal Obligation to Pay for Attorney’s Fees
Where there is a wealth disparity between the parties in divorce, New York courts can order one spouse to pay the attorney’s fees of the other. There is a legal presumption that the wealthier spouse will pay attorney fees for the lesser-monied spouse. This is so the lesser-monied spouse can afford the same level of legal representation as the wealthier spouse.
In determining how much a spouse should pay, the court will consider the relative income and assets of the spouses, the level of disparity between them, the source of their funds and the parties’ spending habits.
Agreeing to Share the Cost of Attorney’s Fees
A second option is for the parties to pay their own fees during the divorce and at the end, add them together and split the bill. This is often done in uncontested divorces where the couple and attorneys participated in settlement negotiations equally, but one attorney may have undertaken the drafting of the settlement agreement resulting in higher legal fees for that attorney. The money is taken out of the marital assets so both sides are responsible for legal costs.
Objecting to Attorney’s Fees
Generally, the wealthier spouse should agree to pay attorney’s fees without going to court. In most cases, litigating the issue will not be successful because of the legal presumption that the wealthier spouse is responsible for fees. The litigation will only waste time and money with the judge ordering the wealthier spouse to pay anyway.
However, a spouse may object to the amount of attorney’s fees. For example, the court can review whether the lesser-monied spouse acted unreasonably in settlement negotiations in order to intentionally inflate fees.
The court may also look at whether the fees were reasonable taking into account the necessity of the services rendered, the complexity of the case, the results achieved, and the amount charged.
Hiring an Attorney
If you are considering divorce, contact us for a consultation. We can explain the process and discuss how we can help you get the best result in your case.
