• Home
  • Our Firm
  • Attorney Profiles
  • New York Divorce
  • FAQs
  • Testimonials
  • Publications
  • Legal Blog
  • Coping Tips
  • Contact Us
  • Call Today
  • Email Us
  • Our Map
  • Menu
Samuelson, Hause & Samuelson, LLP

A more civilized approach to divorce. TM

Call Today! 516.584.4685
300 Garden City Plaza, Suite 444, Garden City, NY 11530

Servicing Nassau, Suffolk, Queens, Manhattan & Brooklyn

Blog 2010 October Counsel Fees
Previous Post  |  Next Post

Counsel Fees

Posted By Elliot D. Samuelson || 28-Oct-2010

Another major change in New York divorce law that was passed on October 12th, 2010 includes a provision that creates a rebuttable presumption that the non-monied spouse should receive an award of legal fees from the more monied spouse in order to represent such party in a divorce action or in a proceeding to enforce a divorce judgment. The purpose of this new law is to level the financial playing field, and permit a spouse with insufficient income or assets, to hire an attorney of his or her own choosing in order to carry on or defend a divorce action.

It is important to note that this new provision requires the court to seek to assure that each party shall be adequately represented, especially during the progress of the divorce case. The new law requires the court to also make the award on a timely basis, and permits more than one application from time to time as may be required. Each attorney must submit his retainer agreement to the court, which will indicate the amount of the retainer paid or agreed to be paid. The fact that the party applying for an attorney fee, has already paid his or her attorney a retainer, cannot defeat the application

In addition the new law permits the award of expert fees (usually accountants) in order to value business or professional assets within the same parameters of the counsel fee award...that is, it must be timely. These new sections will go a long way in providing a party with proper representation throughout the course of a divorce matter.

Categories: Divorce, Change in Divorce Law, Legal Fees

Share Post

Contact our Long Island divorce attorneys today!

The best way to protect your future is to take action now.

Our lawyers are ready to discuss your case in full detail and confidence.

Send My Message

Long Island Divorce

How Can We Help You?

  • Spousal Maintenance (Alimony)
  • Business Asset Division
  • Child Custody
  • Child Support
  • Collaborative Divorce
  • Complex High Net Worth Cases
  • Contested Divorce
  • Debt Division
  • Divorce Mediation
  • Domestic Violence
  • Equitable Distribution
  • Enforcement
  • Fathers’ Rights
  • Grandparents' Rights
  • Legal Separation
  • Modifications
  • Reported Appellate Cases Argued Successfully
  • Mothers' Rights
  • Orders of Protection
  • Parental Alienation
  • Prenuptial Agreements
  • Relocation
  • Same Sex Couples Issues
  • Uncontested Divorces
  • Visitation
  • Home
  • Site Map
  • Privacy Policy
  • Contact Us
  • Make a Payment
Samuelson, Hause & Samuelson, LLP

Call us today. (516) 584-4685

Samuelson, Hause & Samuelson, LLP -Long Island Divorce Attorney
300 Garden City Plaza, Suite 444, Garden City, NY 11530 View Map
Phone (516) 584-4685
Local (516) 294-6666
Website: https://www.samuelsonhause.net/
© 2021 All Rights Reserved.
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.