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Divorce/photo courtesy of Shutterstock.com Divorce/photo courtesy of Shutterstock.com

Domestic Relations Law (DRL) §§237 and 238 provide that in certain matrimonial actions, such as an action for a divorce, the court may direct either spouse to pay counsel fees and expenses of experts to the other spouse. Since 2010, both statutes contain “a rebuttable presumption that counsel fees shall be awarded to the less monied spouse.” Laws of 2010, Ch. 329, effective Oct. 12, 2010. As a consequence of the amendment, counsel fee cases decided prior to 2010 may no longer be authoritative.

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