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Kinney v. Kinney

Court Declines to Delve Further Into Husband's Finances, Awards Him Interim Attorney Fees

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*1  Every matrimonial litigant needs “a horse in the race” or, as one of my colleagues suggested, “skin the game”, as it vests them in the result and engenders a risk-sharing analysis that motivates them be cautious and perhaps more amenable to a reasonable pretrial settlement.1 But, how much “skin” a matrimonial litigant should have in the game, when the contestants have yet to commence trial, is, to mix metaphors, “a horse of a different color.”2 In this matter, a litigant, awaiting trial, seeks an award of additional interim attorneys fees. The applicant husband is the lesser-moneyed spouse and hence, under the Domestic Relations Law, is the beneficiary of a rebuttal presumption that he is entitled to an award of attorneys’ fees. NY DRL §237(a); Hof v. Hof, 131 AD3d 579 (1st Dept 2015). Domestic Relations Law §237 (a) authorizes this court to:direct either spouse…to pay such sum or sums of money directly to the attorney of the other spouse to enable that spouse 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.

*2

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