S T A T E   O F   N E W   Y O R K
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                                  5190

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               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:

  Section  1.  Subdivision  (a) of section 237 of the domestic relations
law, as amended by chapter 329 of the laws of 2010, is amended  to  read
as follows:
  (a)  In any action or proceeding brought (1) to annul a marriage or to
declare the nullity of a void marriage, or (2) for a separation, or  (3)
for  a  divorce, or (4) to declare the validity or nullity of a judgment
of divorce rendered against a spouse who was the defendant in any action
outside the State of New York and did  not  appear  therein  where  such
spouse asserts the nullity of such foreign judgment, (5) to obtain main-
tenance  or  distribution  of  property  following a foreign judgment of
divorce, or (6) to enjoin the prosecution in any other  jurisdiction  of
an action for a divorce, the court may direct either spouse or, where an
action  for  annulment  is  maintained  after the death of a spouse, may
direct the person or persons maintaining the action, to pay counsel fees
and fees and expenses of experts directly to the attorney of  the  other
spouse  to  enable  the  other party to carry on or defend the action or
proceeding as, in  the  court's  discretion,  justice  requires,  having
regard  to  the circumstances of the case and of the respective parties.
There shall be A rebuttable  presumption  that  counsel  fees  shall  be
awarded to the less monied spouse. In exercising the court's discretion,
the  court  shall  seek  to  assure  that each party shall be adequately
represented and that where fees and expenses are  to  be  awarded,  they
shall  be  awarded  on  a  timely  basis, pendente lite, so as to enable
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

cations for the award of fees and expenses may be made at  any  time  or
times  prior to final judgment. Both parties to the action or proceeding
and their respective attorneys, shall file an affidavit with  the  court
detailing  the  financial  agreement between the party and the attorney.
Such affidavit shall include the amount of  any  retainer,  the  amounts
paid and still owing thereunder, the hourly amount charged by the attor-
ney,  the  amounts  paid, or to be paid, any experts, and any additional
costs, disbursements or expenses. AN UNREPRESENTED LITIGANT SHALL NOT BE
REQUIRED TO FILE SUCH  AN  AFFIDAVIT  DETAILING  FEE  ARRANGEMENTS  WHEN
MAKING  AN  APPLICATION  FOR  AN  AWARD  OF  COUNSEL  FEES AND EXPENSES;
PROVIDED HE OR SHE HAS SUBMITTED AN AFFIDAVIT THAT HE OR SHE  IS  UNABLE
TO  AFFORD  COUNSEL  WITH SUPPORTING PROOF, INCLUDING A STATEMENT OF NET
WORTH, AND, IF AVAILABLE, W-2 STATEMENTS  AND  INCOME  TAX  RETURNS  FOR
HIMSELF  OR HERSELF. Any applications for fees and expenses may be main-
tained by the attorney for either spouse in his OR HER own name  in  the
same  proceeding.  Payment  of any retainer fees to the attorney for the
petitioning party shall not preclude any awards of fees and expenses  to
an applicant which would otherwise be allowed under this section.
  S  2.  This act shall take effect immediately and apply to all actions
whenever commenced.