Partner
Many divorcing couples in New York assume that each spouse pays their own legal fees—but that’s not always the case. When a couple divides marital assets and negotiates the terms of their separation, courts may also consider whether one spouse should contribute to or fully cover the other’s attorney’s fees.
Under New York’s Domestic Relations Law, the spouse with greater financial resources (often called the “monied spouse”) may be required to pay all or part of the other spouse’s legal fees. The goal is to ensure both parties have fair access to legal representation and that one spouse doesn’t have an unfair advantage simply because they earn more.
Considerations That Affect the Division of Divorce Legal Fees in New York
The Financial Resources of Each Party
New York courts examine each spouse’s income, assets, and access to funds. In high-asset divorces, both parties may be considered capable of covering their own legal expenses—even if one earns more. However, if one spouse controls the majority of the marital assets, the court may order them to advance legal fees to the less-monied spouse early in the process to ensure a level playing field.
Willingness to Settle
Suppose one spouse is cooperative and willing to resolve matters outside of court while the other insists on litigation. In that case, the court may order the uncooperative spouse to cover additional attorney’s fees. Judges often reward reasonable efforts to settle and discourage the use of litigation to delay or punish.
Delays or Attempts to Inflate Legal Fees
If a judge finds that one party is intentionally dragging out proceedings or causing the other to incur higher legal expenses—for example, by filing frivolous motions or refusing to engage in good faith negotiation—the court may penalize that behavior by awarding attorney’s fees to the other spouse.
Even the less-monied spouse can be held responsible for the other’s legal fees if they’re acting in bad faith or misusing the court process.
How Much Does Divorce Cost in New York?
The cost of getting a divorce in New York really depends on your situation. If both spouses agree on everything—like dividing property, child custody, and support—then you may be looking at an uncontested divorce, which is usually more straightforward and affordable. In these cases, you can expect to spend anywhere from $1,000 to $3,000, including legal fees and court costs.
But if you and your spouse don’t see eye to eye and need help working things out, the costs can go up. Contested divorces often involve more time, more court appearances, and more legal work. The more complicated the case—especially if it involves disagreements over finances or custody—the more likely it is that you’ll need ongoing support from your attorney and possibly outside professionals.
Keep in mind:
- Attorney fees can vary. Some lawyers charge by the hour, while others offer flat rates.
- You might also need to budget for mediation, court filings, custody evaluations, or other services.
Because every divorce is different, it’s a good idea to talk to a divorce attorney who can walk you through what to expect in your specific situation. At Aiello & DiFalco, we help clients across New York move forward with clarity and confidence.
How Much Does a Divorce Lawyer Cost in New York?
Divorce lawyer fees in New York typically range from $300 to $600 per hour, depending on the attorney’s experience, firm reputation, and the case’s complexity. Many attorneys require an upfront retainer, and total fees can vary based on the factors mentioned above.
While having seasoned counsel may seem costly, it often saves time, money, and stress in the long run by avoiding mistakes or unnecessary litigation.
Will I Have to Pay My Spouse’s Legal Fees?
There is a legal presumption in New York that the less-monied spouse is entitled to reasonable attorney’s fees, but it’s not automatic. Courts consider the totality of the circumstances, and your divorce attorney can file a motion requesting that the other party pay some or all of your legal costs.
On the flip side, if you are the higher-earning spouse, your spouse’s lawyer may request that you cover their fees. However, your own attorney can make the case for why this may be inappropriate or excessive, depending on the facts of your case.
One way to reduce the likelihood of having to pay the other party’s fees is to stay cooperative, avoid unnecessary litigation, and engage in the process in good faith.
Getting Experienced Representation in Your Divorce Case
Every divorce is different, and how legal fees are allocated depends on several factors. Whether you’re seeking attorney’s fees or defending against paying them, having skilled representation can make all the difference.
Aiello & DiFalco provides clients across New York with comprehensive, cost-effective representation tailored to their needs and circumstances. Contact us today to explore your options.