Q: Family court case in the Bronx ran from March’16 to Dec’16 Divorce commenced Jul’16 to present. Can the more monied spouse be forced to pay family court counsel fees in Westchester Supreme Court at finalization of divorce?
A: David’s Answer: Generally no – there is no provision for the Divorce Court to include an award of counsel fees as accrued in the Family Court case. Nevertheless, an arguable exception is if the Family Court matter is consolidated into the divorce action – one may thus include the accrued Family Court fees in the overall counsel fee award as a factor for the Court to consider. Schedule a consult with a Westchester Divorce attorney for a full assessment.