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Breadwinner to Pay All Fees


The New York State Legislature recently amended the Domestic Relations Law that affects the award of attorney fees in a divorce action.  The amendment will be effective on October 12, 2010 and will significantly affect the monied spouse. 

There will now be a rebuttal presumption that counsel fees should be awarded to the less monied spouse. The Court will seek to assure that each party is adequately represented and that where fees and expenses are to be awarded, they are awarded on a timely basis.  Temporary awards during a pending divorce action are awarded to enable adequate representation from the commencement of the proceeding until the conclusion of the action.  Applications for an award of attorney fees may be made at any time or times prior to a final judgment of divorce. 

To read the New Legislation as enacted click here