Summary
This Appellate Division, Second Department decision reviews a Supreme Court order granting the defendant's motion for interim counsel fees in a divorce action. Applying Domestic Relations Law § 237, the appellate court reversed the $45,000 fee award, finding that the trial court improvidently exercised its discretion. The court noted that both parties contributed to delays, the defendant failed to establish he was the less monied spouse, and there was no showing that the plaintiff's claims lacked merit. Consequently, the motion for interim counsel fees was denied.
Topics
Practice areas
Questions Presented
- Whether the trial court abused its discretion in awarding interim counsel fees under Domestic Relations Law §237(a).
- Whether the rebuttable presumption that counsel fees shall be awarded to the less‑monied spouse applies in the present case.
Holdings
- The appellate division reversed the trial court’s award of interim counsel fees, finding the trial court improperly exercised its discretion.
Key quotations
“"An award of counsel fees pursuant to Domestic Relations Law §237(a) is a matter within the sound discretion of the trial court, and the issue is controlled by the equities and circumstances of each particular case" (Hutchinson v Hutchinson, 219 AD3d 1320, 1322).” (at 1)
“"In exercising that discretion, the court must consider the financial circumstances of the parties and the circumstances of the case as a whole, including the relative merits of the parties' positions and whether either party has delayed the proceedings or engaged in unnecessary litigation" (Blocker v Blocker, 221 AD3d 768, 769).” (at 1)
Factual background
Dana Jacobson and Jeffrey Mica Jacobson married in 2014, have two children, and filed for divorce in 2021. The defendant sought $75,000 in interim counsel fees; the trial court ordered the plaintiff to pay $45,000. The plaintiff appealed the award.
Procedural history
The parties married in July 2014 and have two children. In January 2021 the plaintiff filed for divorce and ancillary relief. In September 2023 the defendant moved for interim counsel fees of $75,000; the trial court awarded $45,000 to be paid by the plaintiff. The plaintiff appealed the award.