Many times, a client will come to me concerned about how to pay for a Divorce action, particularly with litigation. I saw to them that they can seek, through the court, a request for Attorney’s fees to be paid by the moneyed spouse. Obviously, the qualifier here is that they are the less or non-moneyed spouse.
The reason why I say that is because the legislature created a reputable presumption that allows the non-moneyed spouse to be presumptively entitled to an award of Attorney’s fees. This is done by making application to the court. The first thing that the court considers is the disparity in the party’s income because there has to be a moneyed spouse, and a non-moneyed spouse for it to be paid. The court will also consider the complexity of the action, and the financial circumstances of the parties.