N.Y. Laws » CHAPTER Domestic Relations / ARTICLE Provisions Applicable to More Than One Type of Matrimonial Action
New York Consolidated Laws

N.Y. Domestic Relations Law § 238 (2026)

Expenses in enforcement and modification proceedings

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 238. Expenses in enforcement and modification proceedings. In any
action or proceeding to enforce or modify any provision of a judgment or
order entered in an action for divorce, separation, annulment,
declaration of nullity of a void marriage, declaration of validity or
nullity of a judgement of divorce rendered against a spouse who was the
defendant in any action outside the state of New York and did not appear
therein where such spouse asserts the nullity of such foreign judgment,
or an injunction restraining the prosecution in any other jurisdiction
of an action for a divorce, or in any proceeding pursuant to section two
hundred forty-three, two hundred forty-four, two hundred forty-five, or
two hundred forty-six of this article, the court may in its discretion
require either party to pay counsel fees and fees and expenses of
experts directly to the attorney of the other party to enable the other
party 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. There shall be a rebuttable
presumption that counsel fees shall be awarded to the less monied
spouse. In any such action or proceeding, applications for fees and
expenses may be maintained by the attorney for the respective parties in
counsel's own name and in counsel's own behalf. In exercising the
court's discretion, the court shall seek to assure that each party shall
be adequately represented and that where fees and expenses are to be
awarded, they shall be awarded on a timely basis, pendente lite, so as
to enable adequate representation from the commencement of the
proceeding. Applications for the award of fees and expenses may be made
at any time or times prior to final judgment. Both parties to the action
or proceeding and their representative attorneys, shall file an
affidavit with the court detailing the financial agreement between the
party and the attorney. Such affidavit shall include the amount of any
retainer, the amounts paid and still owing thereunder, the hourly amount
charged by the attorney, the amounts paid, or to be paid, any experts,
and any additional costs, disbursements or expenses. Payment of any
retainer fees to the attorney for the petitioning party shall not
preclude any awards of fees and expenses to an applicant which would
otherwise be allowed under this section.
Notes of Decisions
Cited in 123 cases (17 in the last 5 years), 1985–2025 · leading case: Holsberger v. Holsberger, 154 A.D.3d 1208 (N.Y. App. Div. 3d Dep't 2017).
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Holsberger v. Holsberger, 154 A.D.3d 1208 (N.Y. App. Div. 3d Dep't 2017). · cites it 2× “Finally, with respect to the counsel fee award, we recognize that under Domestic Relations Law § 238, a court is authorized to award counsel fees in an enforcement proceeding to compel the payment of money (see Desautels v Desautels, 80 AD3d 926, 930 [2011]; Cheruvu v Cheruvu,…”
Cheruvu v. Cheruvu, 61 A.D.3d 1171 (N.Y. App. Div. 3d Dep't 2009). · cites it 7× “In addition, the wife sought an award of counsel fees and expenses pursuant to Domestic Relations Law § 238. Supreme Court granted a money judgment in favor of the wife “in the amount of $250,000 plus any outstanding maintenance payments from April 1, 2007 forward,” but denied…”
Hoffman v. Hoffman, 81 A.D.3d 600 (N.Y. App. Div. 2d Dep't 2011). “The Supreme Court providently exercised its discretion in declining to award counsel fees to the plaintiff (see Domestic Relations Law § 238). The issue raised by the plaintiff concerning the validity of a *601 purported modification agreement is not properly before this Court.”
Mollah v. Mollah, 136 A.D.3d 992 (N.Y. App. Div. 2d Dep't 2016). “In any event, he failed to rebut the statutory presumption that the plaintiff was entitled to an attorney’s fee (see Domestic Relations Law § 238; Piacente v Piacente, 93 AD3d at 1189 ).”
Seale v. Seale, 154 A.D.3d 1190 (N.Y. App. Div. 3d Dep't 2017). “Domestic Relations Law § 238 authorizes courts to make discretionary awards of counsel fees upon enforcement motions, and Domestic Relations Law § 237 (c) mandates such an award upon a determination that a party’s failure to obey an order compelling payment of a distributive…”
Petritis v. Petritis, 131 A.D.2d 651 (N.Y. App. Div. 2d Dep't 1987). · cites it 2× “The trial court directed, inter alia, entry of judgment in the principal amount of $9,301.55, representing alleged arrearages under both the settlement agreement and the divorce judgment and granted the plaintiff $500 in counsel fees pursuant to Domestic Relations Law §238.”
Rosenstock v. Rosenstock, 149 A.D.3d 887 (N.Y. App. Div. 2d Dep't 2017). “Finally, the Supreme Court providently exercised its discretion in awarding attorneys’ fees to the father (see Domestic Relations Law § 238; Pelgrim v Pelgrim, 127 AD3d 710, 714 [2015]).”
Desautels v. Desautels, 80 A.D.3d 926 (N.Y. App. Div. 3d Dep't 2011). “Although plaintiff was not automatically entitled to an award of counsel fees because defendant was not found to be in willful violation of á court order, Domestic Relations Law § 238 authorizes a court in its discretion to award counsel fees in an enforcement proceeding to…”
Gabrelian v. Gabrelian, 108 A.D.2d 445 (N.Y. App. Div. 2d Dep't 1985). “Thus, contempt did not lie as a proper enforcement remedy herein, and the statutory provision for awarding counsel fees was therefore inapplicable.”
Weaver v. Weaver, 198 A.D.3d 1140 (N.Y. App. Div. 3d Dep't 2021). “"Domestic Relations Law § 238 authorizes courts to make discretionary awards of counsel fees upon enforcement motions, and Domestic Relations Law § 237 (c) mandates such an award upon a determination that a party's failure to obey an order compelling payment of a distributive…”
Litvak v. Litvak, 63 A.D.3d 691 (N.Y. App. Div. 2d Dep't 2009). “However, under the circumstances of this case, including the ages of the parties, the amount of life insurance the defendant was required to carry by the Supreme Court was excessive, and has been reduced accordingly (see Domestic Relations Law § 238; Reed v Reed, 55 AD3d 1249,…”
Matwijczuk v. Matwijczuk, 290 A.D.2d 854 (N.Y. App. Div. 3d Dep't 2002). · cites it 2× “Domestic Relations Law § 238 authorizes a court in its discretion to award counsel fees in an enforcement proceeding to compel the payment of money.”
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