Top Divorce Questions: Who Pays The Legal Fees?

Top Divorce Questions: Who Pays The Legal Fees? | Jason Isaacson

{2:40 minutes to read} Almost every new client that consults with our firm for a divorce proceeding asks one of two questions:

  1. Does my spouse have to pay for my lawyer? OR

  2. Do I have to pay for my spouse’s lawyer?

The answer comes as a surprise to most. The Domestic Relations Law has a rebuttable presumption that the “monied” spouse will pay the “non-monied” spouse's attorney's fees. The idea behind the law is to try and level the playing field when there is a big discrepancy between the incomes of the divorcing parties. After all, the law doesn't want the person with less money to be at a disadvantage.

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