How Divorce Law in New York State Favors the Spouse With the Financial Advantage

In theory, divorcing couples in New York State have access to equal justice under the law, regardless of how much, or how little, money each spouse has. This principle is clear in both statutory and case law in all four appellate departments. However, money talks. The monied spouse can afford not only to hire the best legal talent but also to pay the legal costs of extending the litigation in hopes of gaining a favorable outcome in the case. While New York has enacted statutes designed to ensure an even economic playing field, the statutes – DRL § 237 and CPLR 5519(a)(2) and (3) – clash with one another, often to the detriment of the non-monied spouse. We believe this clash was an unintended consequence of an otherwise admirable attempt by the Legislature to assure spousal parity. We also believe it is time, past time really, for the Legislature to correct this imbalance.

This article examines the factors that led to the clash between DRL § 237 and CPLR 5519(a)(2) and (3), what the consequences have been for divorcing couples, and what the Legislature might do to end the conflict.

To read the full article go to: https://nysba.org/non-payment-of-interim-counsel-fees-in-matrimonial-actions-addressing-the-loophole-between-drl%c2%a7-237-and-cplr-5519/