Divorce often brings financial stress long before a judge signs a final order. Legal fees, retainers, and ongoing costs can quickly add pressure to an already emotionally charged process, especially when one spouse controls a greater share of the marital income or assets. New York law recognizes that imbalance and provides a mechanism designed to keep both parties on more equal footing as a case moves forward.
Understanding the Purpose Behind the Counsel Fee Advantage Law
New York’s Counsel Fee Advantage Law is rooted in the idea that access to legal representation should not depend on which spouse has deeper pockets. The statute allows courts to shift some or all legal fees to the spouse with greater financial resources, depending on the circumstances of the case.
Courts look at more than just income on paper. Judges consider the overall financial picture, how resources are controlled during the marriage, and whether one party would otherwise be disadvantaged in pursuing or defending the divorce.
When this law comes into effect, it can impact negotiations, litigation strategy, and the pace of the case.
How the Law Works During a New York Divorce
In practice, the Counsel Fee Advantage Law grants judges discretion to order payment of legal fees during the divorce proceedings or at their conclusion. The goal is fairness, not punishment, and the court’s analysis is fact-specific.
Before delving into the details, it is helpful to understand the types of situations in which counsel fees may be awarded.
These commonly include the following considerations:
- Income & Asset Disparity. When one spouse earns significantly more or has greater access to marital or separate assets, the court may order that spouse to contribute to the other’s legal fees so both sides can participate meaningfully in the case.
- Control Over Finances. If one party controls bank accounts, business income, or household expenses during the divorce, the court may view fee shifting as a way to prevent unfair leverage.
- Conduct During Litigation. Courts may consider whether a spouse’s actions have unnecessarily prolonged the case or increased legal costs through delay or noncooperation.
- Interim Versus Final Awards. Judges can award temporary counsel fees early in the case or address legal expenses in the final judgment, depending on what fairness requires at each stage.
Taken together, these factors help the court decide whether a fee award supports balance rather than creating a new inequity.
Common Misconceptions About Counsel Fee Awards
Despite how frequently the law is raised in New York divorce cases, misunderstandings are common. Clearing those up can help manage expectations and guide smarter decisions.
One point worth clarifying is that counsel fee awards are not automatic. The court does not assume fees should always be shifted, nor does it require a precise dollar-for-dollar comparison of incomes. Instead, the analysis is contextual and tied to fairness in the specific case.
Some additional realities are worth keeping in mind:
- Fees Are Not Guaranteed. Even when there is a financial imbalance, the court may decide that each party can reasonably pay their own attorney under the circumstances.
- Awards Can Be Partial. A judge may order contribution toward fees without requiring one spouse to cover all legal costs.
- Requests Must Be Properly Supported. Courts expect financial disclosures, affidavits, and documentation that justify why a fee award is appropriate.
Understanding these nuances helps clients approach the issue strategically rather than emotionally.
Why Counsel Fee Issues Matter Early in the Case
Raising concerns about counsel fees early can influence how a divorce unfolds. When one party fears being priced out of the process, negotiations may stall, or litigation positions may harden. Addressing the issue head-on can help stabilize the case and allow discussions to focus on property division, support, and parenting issues.
Before concluding, it is worth emphasizing how timing and preparation factor into these requests. Clear financial records, prompt disclosure, and consistent positions often carry more weight than last-minute demands.
Discussing Counsel Fees With Jayson Lutzky
If concerns about legal fees are affecting your ability to move forward with a divorce, legal guidance can make a meaningful difference. Jayson Lutzky advises clients on how New York’s Counsel Fee Advantage Law may apply to their situation and how to present fee issues clearly and effectively to the court.
To talk through your circumstances, call (718) 550-2881 or contact us online to schedule a consultation and learn how these issues are typically addressed in New York divorce proceedings.