Logo
Call Our Office
(718) 878-6886

Does the Husband Have to Pay for the Wife’s Divorce Lawyer in NY?

Posted on : December 29, 2024, By:  Mary Katherine Brown
Does the Husband Have to Pay for the Wife's Divorce Lawyer in NY

Divorce can feel like navigating a stormy sea. Questions about legal fees often add to the confusion, especially in New York, where laws can be both fair and complex. One common question is whether the husband must pay for the wife’s divorce lawyer. The answer is not a simple yes or no. It depends on the specifics of the case, and courts consider several factors before making a decision.

How Does New York Handle Attorney Fees in Divorce?

Under New York law, the court may order one spouse to pay for the other’s attorney fees. This rule exists to level the playing field. Divorce cases often involve one spouse having greater financial resources than the other. Without this law, the spouse with less money could struggle to afford a good lawyer, leaving them at a disadvantage. The court uses the principle of fairness to guide these decisions. Think of it as refereeing a game to ensure both sides have a fair chance to play.

If the wife earns significantly less than the husband, the court is more likely to order him to pay her legal fees. The same applies if she has little or no income. For example, if a stay-at-home mom has not worked in years, the court may ask the husband to cover her legal costs. This decision is based on the financial circumstances of both parties, not on who initiated the divorce or who is “at fault.”

What Factors Do Courts Consider?

New York courts look at the financial positions and actions of both spouses. If one spouse behaves unreasonably, drags out the process, or refuses to cooperate, the court may penalize them by assigning additional costs. Imagine two siblings fighting over a toy. If one refuses to share or causes trouble, the parent might hold them responsible for fixing the problem. Similarly, the court ensures fairness by addressing bad behavior.

However, not every case leads to the husband paying for the wife’s lawyer. If the wife has significant assets or earns a comparable income, the court may decide that she can afford her own legal representation. Courts carefully review all financial documents, including tax returns, bank statements, and pay stubs, before making a ruling. The goal is to create a fair outcome based on the specific facts of the situation.

Are Legal Fees Separate From Other Divorce Costs?

Attorney fees are separate from other financial issues in a divorce, such as spousal support, child support, and property division. Each issue is handled independently. Just because one spouse is ordered to pay legal fees doesn’t mean they will automatically owe more in spousal or child support. Courts make each decision based on New York laws and the evidence presented.

What Can You Do to Prepare?

If you’re worried about legal fees, there are steps you can take to protect yourself. Be open and honest about your finances from the start. Keep detailed records of income, expenses, and assets. Cooperate with the court and your lawyer to avoid unnecessary delays or complications. Planning ahead and staying organized can make the process smoother.

Call To Action

If you have more questions about divorce, legal fees, or family law in Brooklyn, reach out for help. The Law Office of Mary Katherine Brown is here to guide you through this challenging time. Visit https://brooklynfamilydivorce.lawyer/ to schedule your consultation today.

Meta Title

Does the Husband Have to Pay for the Wife’s Divorce Lawyer in NY?

Meta Description

Learn whether the husband must pay for the wife’s divorce lawyer in New York. Understand how courts decide attorney fees in divorce cases. Contact the Law Office of Mary Katherine Brown for expert guidance.

Tags

Divorce lawyer Brooklyn, Family law attorney NY, Who pays attorney fees in divorce, New York divorce laws, Attorney fees in divorce cases

Posted in : Brooklyn Divorce Attorney ,

What Our Clients Say

Chrissie Dowler
Chrissie Dowler
21:22 21 Jul 20
I could not be happier to have had Mary Katherine Brown prepare my Last Will and Testament, living will, Health care proxy and other documents.  I truly appreciated her accessibility and patience.  What I thought would be a confusing and uncomfortable task, she made into an easily understandable process.  I can tell she is very knowledgeable and I trust her guidance.When I was first thinking of getting my will done, I was considering Legalzoom as an inexpensive and quick option. I am SO thankful I went with a great lawyer to handle such important documents. Mary Brown's price is very reasonable and worth every penny.
Sasha Badillo
Sasha Badillo
19:19 30 Mar 20
Mary Katherine was exceptional during my custody agreement. She helped me avoid a long court battle with my ex and ensured me of all my concerns. Very knowledgeable and understanding. Would recommend and use her again if needed.
Elaine Ashe
Elaine Ashe
01:43 10 Mar 20
Mary Katherine Brown was a delight to work with these past months. I had an issue come up for Brooklyn Family Court and wanted to retain an attorney instead of handling on my own. I researched some reviews and found Ms. Brown. She is very organized in her thoughts and plans, as well as, very professional in the court environment. I relayed my concerns on some particular issues and she promptly took down notes and handled them immediately with my ex-husband's attorney. Her strategies are well thought out and her advice is invaluable. Ms. Brown made me feel comfortable from our first conversation and throughout our contact. I would like to add her office staff, specifically, Mariana was a pleasure to work with. She always tried her best to accommodate my schedule when securing time with Ms. Brown. Mariana is very professional and respectful. I highly recommend Mary Katherine Brown (Brooklyn Family & Divorce Lawyer) for your family's legal needs. She's fantastic, brilliant, competent, resourceful and overall an attorney you want to have to work for your issues. I am very thankful I found her and decided to retain her for my legal concerns. Mary Katherine Brown is absolutely wonderful!
Nadya Appley
Nadya Appley
19:01 03 Mar 20
Mary Brown represents the highest level of expertise in Family law and provided me with a valuable piece of advice regarding my legal matter (custody of my son).Thank you, Mary, for your knowledge, responsiveness and a great consultation that was scheduled in a timely manner!!!
David Bellel
David Bellel
16:31 03 Mar 20
Mary Katherine Brown and her staff are very professional. Ms. Brown has given me excellent advice and I highly recommend her!
Alonzo Andrews
Alonzo Andrews
02:11 03 Mar 20
Miss Brown represented me in several cases while clearly explaining the situations and presenting all of my available options to me before giving her recommended plan of action. Some of my issues involved my parental rights that she worked diligently to resolve. Her office is professional and friendly, which is greatly appreciated when dealing with the stress of court. She’s the best attorney I have ever worked with and I recommend her to anyone dealing with a Divorce and Family Law case.
MARIE SONKO
MARIE SONKO
18:25 02 Mar 20
I had an in person consultation with Ms. Brown. She answered most of my questions and gave me sound advice.
Lee Moore
Lee Moore
02:08 27 Feb 20
Exceptionally prompt, personal, knowledgeable & practical service.
Andrew Kruger
Andrew Kruger
04:28 30 Jan 20
$500 for first consultation.If you do not agree... they go right to $250 What a jock.
Alla Ozersky
Alla Ozersky
19:34 23 Aug 19
I hired this firm to resolve my custody relocation case after previous attorney almost ruined it. Not only did Ms Brown successfully resolved this case, but she also provided useful information and explanation for her strategy, provided emotional support and answers to my multiple questions, not to mention very reasonable and fair pricing.
Ben Harel
Ben Harel
23:01 13 Jun 19
Ms. Brown is outstanding. She specializes in family law and understands how to navigate the courtroom process to get you the best possible outcome. Highly recommend.
susan davidson
susan davidson
18:26 12 May 19
Ms Brown, is an Extraordinary person, she’s calm, very professional, has a wonderful personality easy to work with and always has your best interests in mind. She handed my “nasty” divorce in such a calm and professional way that it shocked me and the opposing side. She doesn’t talk too much or annoys the judge but when she does it is right on point. I highly recommend this amazing person. I can be grateful enough to Ms Brown.
NYCTechZone
NYCTechZone
17:10 02 Jan 19
Excellent service. Very professional and hassle free.
Mariana Peniche
Mariana Peniche
17:43 12 Nov 18
Yair Oded
Yair Oded
19:00 07 Nov 18
It was recommended to me that I get in touch with Mary Katherine through an acquaintance who works in the field. I can confidently say it was one of the best decisions I had made. I went through a complicated separation process and custody battle over my two year old son; my case was extremely challenging and before I retained the services of Mary Katherine it seemed as though all was lost. Mary Katherine and Eoin O' Mahony worked tirelessly on my case and managed to guarantee my access to my son and reach an agreement that protected my relationship with him and secured my status as his father. They did so with the utmost of professionalism, compassion, and generosity. I truly cannot recommend her warmly enough.
Iqra Yaqub
Iqra Yaqub
10:20 28 Apr 18
Christine David-Fortune
Christine David-Fortune
12:38 23 Mar 18
If you are looking for an attorney who would listen to your concern and tirelessly work with/for you to get results then Mary Katherine Brown is who you are looking for. She promptly addressed my concerns and kept me informed throughout the process. At the end she produce results I am happy with. Thanks again Counselor!
Jeremiah Thompson
Jeremiah Thompson
16:53 26 Jul 17
Mary Katherine Brown is one of Brooklyn's top divorce lawyers
See All Reviews
js_loader