Practice point: Domestic Relations Law § 237 provides that in any action for a divorce,
the court may direct either spouse to pay counsel fees directly to the
attorney of the other spouse to enable the other party to carry on or
defend the action as, in the court's discretion, justice requires,
having regard to the circumstances of the case and of the respective
parties. The statute provides that there shall be a rebuttable
presumption that counsel fees shall be awarded to the less monied
spouse. A determination of an application for interim counsel fees is
committed to the sound discretion of the trial court. Such an award is
intended to ensure that the nonmonied spouse will be able to litigate
the action, and do so on equal footing with the monied spouse.
Student note: The issue of interim counsel fees is controlled by the equities of the case and the financial circumstances of the parties.
An award of interim counsel fees to the nonmonied spouse will generally
be warranted where there is a significant disparity in the financial
circumstances of the parties.
Case: Falcone v. Falcone, NY Slip Op. 05795 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: A premises liability claim.
