Domestic Relations Law §237(a) provides that in any action brought for a divorce, the court may direct either spouse to pay counsel fees and fees and expenses of experts directly to the attorney of the other spouse to enable the other party to carry on or defend the action as, in the court's discretion, justice requires, having regard to the circumstances of the case and of the respective parties.

There is a rebuttable presumption that counsel fees shall be awarded to the less monied spouse. Both parties to the action or proceeding and their respective attorneys, must file an affidavit with the court detailing the financial agreement between the party and the attorney.