Who pays attorney fees in a divorce in NY

Written by Yonatan Levoritz on February 2, 2025

If you’re going through a divorce in New York, one of the first questions that might cross your mind is, “Who pays attorney fees in a divorce?” It’s a common concern—divorces can get expensive, and you’re not alone in wondering how those costs will shake out. At The Levoritz Law Firm, we explain these nuances to our clients throughout New York City, perhaps more often than not, simplifying what is going to happen and how they should work through this part of divorce financially. Let’s break it all down.

What Are the Legal Fees in a Divorce in NY?

Legal fees in a divorce encompass a great deal more than the number of hours billed by the attorney. For more complex cases, court filing fees, process server charges, expert witness fees, mediation costs, and other items will be added up. In New York, the cost of filing for an uncontested divorce starts at $210. However, contested divorces can easily cost thousands, with attorney fees typically representing the most significant expense.

When you’re planning for legal fees, remember that every divorce is unique. Other factors that will greatly influence the final cost include property disputes, child custody, and alimony.

So, Who Pays for Divorce Fees?

New York permits either spouse to pay for the legal fees in a divorce. The discretion of the court allows it to decide who pays, sometimes considering the financial situation of both parties. For example, if one spouse earns significantly more than the other, the court may require the higher earner to cover the other’s legal fees to ensure fairness.

This principle is rooted in New York Domestic Relations Law Section 237. The idea is to prevent a financial imbalance from giving one spouse an unfair advantage in legal representation.

Do Court Costs Include Attorney Fees?

No, court costs and attorney fees are distinct expenses. Court costs include administrative fees like filing and document processing, while attorney fees cover legal expertise during the divorce process.

In New York, courts may decide if one party should cover the other’s attorney fees, but these costs aren’t automatically combined. Clarify this distinction when planning your divorce budget.

Can My Spouse Make Me Pay Her Divorce Attorney Fees?

Yes, in certain situations, you could be ordered to pay your spouse’s attorney fees. This is especially common in cases where there’s a significant financial disparity between the spouses. For instance, if your spouse is unemployed or earns substantially less, the court might decide that you should shoulder the legal costs to level the playing field.

Additionally, the court considers other factors, such as whether one spouse has acted in bad faith, unnecessarily prolonging the divorce process. For example, if your spouse is deliberately causing delays, they might be ordered to cover a portion of your legal fees instead. These decisions are made on a case-by-case basis under the guiding principles of fairness and justice.

How Do Divorce Lawyers Get Paid?

Divorce attorneys typically charge an hourly rate or a flat fee, depending on the nature of your case. Attorneys typically charge hourly rates between $175 and $450 or more, depending on skill level, and often require a retainer—a prepaid deposit credited toward services.

At The Levoritz Law Firm, we work closely with our clients to ensure transparency in billing. We’ll walk you through the anticipated costs and discuss options to make the process as smooth as possible.

How to Know If You Need a Lawyer for a Divorce

While it’s possible to navigate a divorce without a lawyer, having an experienced attorney is highly recommended for contested divorces or situations involving complex financial or custody matters. An attorney can help you protect your rights, negotiate effectively, and navigate the legal system with confidence.

Even in uncontested divorces, where both parties agree on all terms, an attorney can help ensure that all paperwork is completed correctly and that your agreement aligns with New York State law. In the long run, this can save you time, stress, and potential legal issues down the road.

Contact a New York Divorce Attorney

If you’re navigating a divorce in New York and have questions about legal fees, let us help. At The Levoritz Law Firm, we specialize in family law and are committed to providing personalized legal services to clients across New York City. Give us a call at (718) 942-4004 to schedule a consultation today.