When you’re getting divorced in New York, who pays the lawyer isn’t always straightforward. The basic deal is this: you pay your way. But here’s where it gets interesting – courts can shake things up if needed.
Picture this: You’ve got one spouse making six figures while the other’s barely scraping by. The judge isn’t going to let the wealthy spouse steamroll their ex with expensive lawyers while the other can’t afford decent representation. That’s just not how it works here.
Pursuant to New York State Domestic Relations Law, the court maintains discretionary authority to allocate legal fees between parties as it deems equitable and just. (See how I slipped into lawyer-speak there? That’s the kind of language your attorney might use in court.)
But real talk – if you’re having difficulty during the divorce, hiding money, or dragging things out just to be spiteful, the judge can make you pay your ex’s legal fees. They don’t take kindly to that behavior, even in a no-fault state like New York.
People often don’t realize that you can ask for legal fees while the divorce is still happening. It’s called a pendente lite motion – fancy Latin words for “while the case is pending.” If your spouse is sitting on all the money and you can’t afford a lawyer, this might be your move.
When couples play nice and work things out themselves (that’s your uncontested divorce), they usually just handle their own fees. But when it gets messy and heads to trial, that’s when judges start looking hard at who should pay what.
Bottom line: The court’s main concern is making sure both sides get fair representation. Sometimes that means making the spouse with deeper pockets help pay the other’s legal bills. But remember – at the end of the day, if you and your soon-to-be-ex can agree on how to split these costs in your settlement, that’s usually your best bet.
Word to the wise: document everything and keep your nose clean during proceedings. The last thing you want is a judge ordering you to pay extra because you couldn’t play by the rules.
