In a divorce action before Justice Stacy Bennett in the Supreme Court Matrimonial Part in Nassau County, Justice Bennett was presented with a case involving an application for substantial attorney’s fees. The wife and the husband in this divorce case had resolved all issues concerning joint custody of the parties’ children and they had agreed to a value of the husband’s interest in his medical practice. There was a trial and husband was granted a judgment of divorce. However, there were outstanding financial issues that still needed to be resolved. One of these issues was the wife’s application for legal fees.
Wife Minimally Contributed to the Marriage
Justice Bennett in her decision discussed the wife’s contributions during the parties’ sixteen year marriage. She found that the wife had actually had very minimal contributions. Justice Bennett in her decision stated the wife didn’t clean or cook at the marital residence. The wife had the benefit of nannies who took care of the children. Justice Bennett found the wife’s direct contributions to the husband’s business were extremely limited. She found all the wife did was host an annual holiday party or a picnic. As a result of the wife’s minimal contributions to the husband’s business, she awarded the wife a 15% interest in the husband’s medical practice.
Wife’s Request for Attorney’s Fees
Wife submitted a request for attorney’s fees of approximately $573,000. Attorneys for the husband argued these attorneys fees were excessive and unreasonable. They argued the case was relatively simple and attorneys fees of this nature were completely unjustified. Justice Bennett upon reviewing the facts of the case held the amount of attorneys fees was indeed unreasonable. She awarded the wife $150,000 of attorneys fees to be paid by the husband to her attorneys.
Elliot Schlissel, Esq., is a father’s rights lawyer with more than 45 years of experience representing fathers throughout the Metropolitan New York area.
About Elliot S. Schlissel
