Can My Spouse Make Me Pay Their Attorney Fees?

One of the most common questions people ask when facing divorce in New York is: “Can my spouse make me pay their attorney fees?” The short answer is: Yes, in some circumstances. But whether you will actually be required to pay depends on the facts of your case, the financial circumstances of both parties, and how the litigation unfolds. In this post a Syracuse divorce attorney explains what you need to know under New York law.

The General Rule in New York Divorce Cases

Under New York Domestic Relations Law § 237, courts have the authority to award attorney’s fees in matrimonial actions. The purpose of this statute is not to “punish” one spouse, it is to level the playing field. New York courts recognize that if one spouse controls most of the money, the other spouse may be at a serious disadvantage in hiring competent legal counsel. The law is designed to ensure that both parties have meaningful access to representation.

The “Monied Spouse” Presumption

In divorce actions, there is a rebuttable presumption that the less-monied spouse is entitled to an award of interim attorney’s fees. That means:

• If your spouse earns significantly more than you

• Or controls the majority of marital assets

• Or has greater access to funds

The court may order you to contribute toward, or even fully pay, their attorney fees. This is especially common early in the case so that the lower-earning spouse can retain counsel and litigate on equal footing.

What Courts Consider

When deciding whether to award attorney fees, a New York court will look at:

• Each party’s income

• Access to marital assets

• The relative financial circumstances of both parties

• Whether one party is prolonging or obstructing litigation

• The merits of the positions taken

• Prior awards of temporary or pendente lite fees

Bad Faith Can Increase Your Exposure

Even if incomes are relatively similar, a court may award attorney’s fees if it finds that one party:

• Filed unnecessary motions

• Failed to comply with court orders

• Hid assets

• Refused to provide required financial disclosure

• Engaged in dilatory tactics

Courts do not look favorably on conduct that drives up litigation costs. In those cases, fee awards can function as a financial consequence for unreasonable behavior.

What About Custody or Family Court Matters?

Attorney fee awards are also available in custody and support proceedings, including matters brought in New York State Unified Court System Family Court. Under both the Domestic Relations Law and the Family Court Act, courts may award fees based on financial disparity and fairness considerations. If a party has substantially greater resources and the other cannot afford representation, the court has discretion to shift fees.

Can the Court Make Me Pay 100%?

Yes, in certain circumstances. If there is a clear income disparity and the less-monied spouse lacks meaningful access to funds, courts may order the higher-earning spouse to pay:

• A lump sum toward retained counsel

• Ongoing interim attorney’s fees

• Or even the majority of final fees at the conclusion of the case

However, fee awards are not automatic and are highly fact-specific.

What You Can Do to Protect Yourself

If you are concerned about being ordered to pay your spouse’s attorney fees:

1. Avoid unnecessary litigation.

2. Comply promptly with disclosure and court orders.

3. Maintain reasonable settlement positions.

4. Document financial realities accurately and thoroughly.

Judges evaluate credibility and conduct closely.

Contact a Syracuse Divorce Attorney Today

If you are facing divorce or custody litigation in New York and have questions about attorney fee exposure, consult with counsel early. A proactive strategy can significantly reduce financial risk and improve your overall outcome. Contact our office today for a confidential consultation with an experienced Syracuse divorce attorney.

For more details on the divorce process please visit our Divorce and Frequently Asked Questions pages

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Laws and guidelines can change, so always verify with current statutes or a professional.