After George M. unsuccessfully sought the termination of his maintenance obligations, his wife–Joan–sought to recover her legal fees pursuant to New York Domestic Relations Law § 237.
After the Albany County Supreme Court granted relief in her favor, George appealed and the Appellate Division, Third Department, agreed that fees are recoverable when permitted by the terms of the parties' separation agreement or pursuant to state law--unless the latter is expressly waived.
And since that waiver didn't exist, the Supreme Court's grant of fees based on the statute was permissible, particularly given Joan's status as the "less monied spouse."
Who's less monied now?
To view a copy of the Appellate Division's decision, please use the following link: M. v. M.