Divorce in New York is one heck of a struggle when you’re wondering how you’re supposed to afford a family lawyer — especially when your husband’s the one holding the cold hard cash? You’re not alone. One of the first questions we hear from clients is:
“Can I make him pay for my attorney?”
The answer? Yes—under certain circumstances, New York law allows one spouse to be ordered to pay the other’s legal fees. This is especially true if there’s a significant financial imbalance between spouses.
Let’s break down how this works.
What the Law Says: Domestic Relations Law § 237
In New York, courts aim to ensure both spouses have equal access to legal representation, even when their financial situations are unequal. That’s why New York Domestic Relations Law § 237 allows a judge to require the “monied” spouse—typically the one with greater income or access to assets—to cover some or all of the other spouse’s legal fees.
The law recognizes a simple but powerful truth:
It’s not a fair fight if one person can afford a top-tier divorce attorney and the other can barely afford to file.
Interim Counsel Fees: Help During the Divorce, Not Just After
The law provides for interim counsel fees, meaning the court can order your husband to contribute to your attorney fees while the case is ongoing—not just after everything is decided.
Courts are instructed not to delay or deny these applications without good cause. In fact, deferring a decision on legal fees until trial (when most of the costs have already been incurred) is considered equivalent to a denial unless specifically justified in writing.
What Does the Court Consider When Deciding Who Pays?
Judges don’t hand out fee awards automatically. Instead, they look at a combination of financial facts and behavior throughout the case. Here’s what they take into account:
- Income and asset disparity
Is your husband significantly wealthier or in control of marital finances? - Need and necessity
Are legal fees required to help you participate fairly in the process? - Good faith
Has either spouse dragged out the case, refused to settle, or filed motions just to be difficult? - Complexity of the case
Are there child custody, business assets, or other high-stakes issues involved? - Reasonableness of fees requested
Are your lawyer’s rates and services in line with what the case demands? - Enforcement of court orders
If your husband fails to pay spousal support or child support, the court may award you legal fees to cover enforcement actions.
What If My Husband Refuses to Pay After a Court Order?
If your husband is ordered to pay your legal fees and fails to comply, you’re not stuck. You have powerful enforcement options, including:
- Wage garnishment beyond the typical 10% cap
- Sequestration of property, where the court places his real estate or assets in receivership
- Contempt of court, which could result in penalties—or even jail time
Willingness to Settle Can Affect Legal Fee Awards
New York judges favor reasonable spouses who try to resolve matters efficiently. If your husband refuses to settle or engages in high-conflict litigation out of spite, the court may punish that behavior by requiring him to pay more in legal fees.
On the flip side, courts may be less sympathetic if you’re the one delaying proceedings or inflating costs unnecessarily—even if you earn less money.
Protect Your Right to Representation
The decision to divorce is difficult enough without worrying whether you can afford to protect your rights. At Brian D. Perskin & Associates P.C., we work with clients across New York City who need strong legal representation—whether or not they control the checkbook. If your husband earns more or holds most of the marital assets, you may have legal grounds to request that he contribute to your legal expenses.
📞 Get the Support You Deserve
Let’s talk strategy—and financial protection. Call (718) 875-7584 today to get started. We’ll review your circumstances and help you determine if your spouse could be held responsible for your legal fees under New York law.