The attorney fees that come with undergoing a divorce can be a financial burden. This is especially the case if you do not think that you have the financial means to pay for strong legal representation. Ultimately, this can hurt the outcomes of your settlement agreements. This is why you must determine whether you are eligible to have your spouse pay for your attorney fees. Continue reading to learn if the New York court can order your spouse to pay for your legal expenses and how one of the experienced divorce attorneys in Nassau County at Barrows Levy, PLLC, can support you in any way.
Can the court order my spouse to pay for my attorney fees in New York State?
If you believe that you will struggle to be financially independent at the conclusion of your divorce proceedings, this is all the more reason to have strong legal representation that will fight for solid alimony, child support, and property distribution settlement agreements. However, they may be difficult if you do not have the financial means to employ an attorney in the first place.
This exact scenario occurs far too often. This is why, notably, New York State has laws in place to combat this issue. Specifically, the state law states that the court can direct one spouse to pay for the other spouse’s attorney fees, and expenses for expert fees, to enable the other spouse to properly defend themselves during the divorce proceedings.
How do I request that my spouse pay for my attorney fees?
Under certain circumstances, it may be necessary for the court to step in so that there is an even playing field between you and your spouse. If you believe that this is your case, then you must make a request to the New York court. When determining whether to grant your request, they will evaluate a number of factors, which include, but are not limited to, the following:
- The income of both you and your spouse.
- The asset disparity between you and your spouse.
- The legal services that you requested.
- The reasonableness of the net total of compensation that you requested.
- The complexity of your divorce and the results that were achieved.
- Whether your divorce was pursued in good faith.
- Whether your or your spouse’s actions delayed the case.
- Whether you received previous awards for your attorney fees.
- Your ability to pay for your attorney fees unassisted.
After reading these factors, if you believe you have a legitimate request for having your spouse pay for your attorney fees, then you must contact our firm today. You will be able to schedule your initial consultation. We look forward to your phone call.