There is no statutory income formula for judges to use when one side in a divorce asks that legal fees be assigned to the other party, which means that judges have a great deal of discretion in how the topic is addressed.
It also means that you have a lot of opportunity in terms of the lawyers you work with and their ability to formulate strong arguments for or against legal fees being assigned.
As a general proposition, when the two spouses have extremely different incomes, the lower earning spouse has a very good chance of getting some or all legal fees paid for by the other spouse.
This assumes a certain level of surplus income in the higher earning spouse, but if there’s a clear logic the judge can use, it’s likely that legal fees will be in play.
When couples have more similar incomes, things are more complicated for the judge, and a good legal team can make a big difference.
At Zelenitz, Shapiro & D’Agostino, we protect our clients’ financial well being in every way possible.
Call us today at 718-725-9601 and talk to an experienced Brooklyn divorce attorney for free.