STATE OF NEW YORK
________________________________________________________________________
5190
2015-2016 Regular Sessions
IN SENATE
May 6, 2015
___________
Introduced by Sen. BONACIC -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Judiciary
AN ACT to amend the domestic relations law, in relation to counsel fees
and expenses in matrimonial actions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (a) of section 237 of the domestic relations
2 law, as amended by chapter 329 of the laws of 2010, is amended to read
3 as follows:
4 (a) In any action or proceeding brought (1) to annul a marriage or to
5 declare the nullity of a void marriage, or (2) for a separation, or (3)
6 for a divorce, or (4) to declare the validity or nullity of a judgment
7 of divorce rendered against a spouse who was the defendant in any action
8 outside the State of New York and did not appear therein where such
9 spouse asserts the nullity of such foreign judgment, (5) to obtain main-
10 tenance or distribution of property following a foreign judgment of
11 divorce, or (6) to enjoin the prosecution in any other jurisdiction of
12 an action for a divorce, the court may direct either spouse or, where an
13 action for annulment is maintained after the death of a spouse, may
14 direct the person or persons maintaining the action, to pay counsel fees
15 and fees and expenses of experts directly to the attorney of the other
16 spouse to enable the other party to carry on or defend the action or
17 proceeding as, in the court's discretion, justice requires, having
18 regard to the circumstances of the case and of the respective parties.
19 There shall be a rebuttable presumption that counsel fees shall be
20 awarded to the less monied spouse. In exercising the court's discretion,
21 the court shall seek to assure that each party shall be adequately
22 represented and that where fees and expenses are to be awarded, they
23 shall be awarded on a timely basis, pendente lite, so as to enable
24 adequate representation from the commencement of the proceeding. Appli-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09886-02-5
S. 5190 2
1 cations for the award of fees and expenses may be made at any time or
2 times prior to final judgment. Both parties to the action or proceeding
3 and their respective attorneys, shall file an affidavit with the court
4 detailing the financial agreement between the party and the attorney.
5 Such affidavit shall include the amount of any retainer, the amounts
6 paid and still owing thereunder, the hourly amount charged by the attor-
7 ney, the amounts paid, or to be paid, any experts, and any additional
8 costs, disbursements or expenses. An unrepresented litigant shall not be
9 required to file such an affidavit detailing fee arrangements when
10 making an application for an award of counsel fees and expenses;
11 provided he or she has submitted an affidavit that he or she is unable
12 to afford counsel with supporting proof, including a statement of net
13 worth, and, if available, W-2 statements and income tax returns for
14 himself or herself. Any applications for fees and expenses may be main-
15 tained by the attorney for either spouse in his or her own name in the
16 same proceeding. Payment of any retainer fees to the attorney for the
17 petitioning party shall not preclude any awards of fees and expenses to
18 an applicant which would otherwise be allowed under this section.
19 § 2. This act shall take effect immediately and apply to all actions
20 whenever commenced.
