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Description: Before 2010, the non-monied spouse was subject to the considerable discretion of the trial courts in fashioning appropriate counsel fee awards. After 2010, the New York legislature sought to reduce the extent of that discretion by instituting a rebuttable presumption in favor of a counsel fee award to the non-monied spouse. However, as the years have progressed since the 2010 amendments to New York’s Domestic Relations Law, the complexities faced by the non-monied spouse in obtaining counsel fee awards have not been eliminated. Instead, the rebuttable presumption has lent itself to considerable litigation. While the rebuttable presumption was a step forward for the non-monied spouse, challenges remain and the matrimonial lawyer’s task in advising clients on issues of counsel fees is no small feat. In this program we will explore what to consider and when, from the lawyer’s perspective and the client’s perspective, when tackling the issue of counsel fee awards.
Alan Feigenbaum is an experienced matrimonial and family law attorney who assists a diverse range of professionals and their spouses, including business owners, lawyers, investors, and entertainers, on their family law matters, with a notable focus on evaluating the optimal strategies to manage and resolve complex financial and custody disputes.
He is well-versed in managing agreements (separation, prenuptial, and postnuptial) to create a framework for his clients’ futures, and approaches dispute resolution with an eye toward facilitating cooperation and reducing conflict, making every effort to settle cases out of court.
Understanding that divorce can affect the trajectory of a person’s life, Alan focuses on his clients’ long-term financial and familial best interests. His multifaceted approach has included:
• Working with financial experts to identify and define the scope of assets acquired by a spouse before the marriage, thereby eliminating litigation over whether those assets are part of the marital pot;
• Resolving the disposition of a spouse’s interest in a business without resorting to a pro forma approach that assumes complex valuation of that interest is always required;
• Reaching agreement on the payment of expenses while a divorce action is pending, without the need for costly, interim support motion practice;
• Negotiating interim parenting schedules by empowering parents and not substituting attorney judgment for that of the parents;
• Settling contentious custody disputes without involving court-appointed professionals, sparing the family from the potentially lasting effects of domestic relations litigation; and
• Prioritizing the value clients place on financial independence both during and after the divorce action concludes, including in the case of the nonmonied spouse evaluating the financially feasibility of retaining the marital home.
Alan also has significant courtroom experience, including first-chair trial experience in domestic relations matters and, at an early stage in his career, examining witnesses before the U.S. International Trade Commission. He also speaks and writes frequently on matters of family law.
Joseph A. DeMarco is a partner at Schlissel Ostrow Karabatos, PLLC in Garden City, New York. He is a 1997 graduate of Wake Forest University and received his Juris Doctor from Tulane Law School in 2001. Joe has been with Schlissel Ostrow Karabatos, PLLC, practicing exclusively in the area of matrimonial law, since his admission to the New York Bar in February 2002. In 2015 Joe was elected as a Fellow of the American Academy of Matrimonial Lawyers (“AAML”). He was inducted to the Ten Leaders of Matrimonial & Divorce Law of Long Island, Age 45 & Under in 2015, and he has been selected by Super Lawyers since 2011. Joe has lectured on matrimonial law topics for the AAML, the Association of Family and Conciliation Courts, New York State Society of CPAs, Nassau Chapter, the Nassau County Bar Association (“NCBA”), National Business Institute, and the Practicing Law Institute. Joe has also been an adjunct instructor in the Legal Studies Department at Nassau Community College, teaching courses in business law, legal writing, and law office management. Joe is a member of the Advisory Board of the NCBA’s Academy of Law, and sits on the NCBA Grievance Committee.
Dana Stutman - Founding partner Dana M. Stutman is a leading matrimonial attorney known for her profound financial expertise providing her clients with a decisive edge. This unparalleled combination of accounting and litigation backgrounds sets her apart from her peers both in negotiations and the courtroom.
Dana takes the time and extreme care to develop a unique strategy based solely upon each client’s personal journey. Her compassion and unique arsenal of knowledge drives Dana to find new and dynamic solutions for even the most complicated and seemingly unmovable case.
Dana received her accounting focused business degree from the A.B. Freeman School of Business at Tulane University and began her career developing her financial analytic skills at Deloitte and Touche, attending the Benjamin N. Cardozo School of Law. Notably, while at Cardozo, Dana was part of The Innocence Project, a famously effective legal initiative that examines DNA evidence to reverse wrongful criminal convictions. She clerked for the Honorable David B. Saxe (Ret.) and for the Honorable Richard T. Andrias (Ret.) while they advocate in the matrimonial division of the State Supreme Court. She litigated as a law student for the New York State Attorney General’s office and later worked with New York litigator Michael Dowd, an expert on the defense of battered women. Dana’s distinguished career had her making partner in the first seven years at one of the top matrimonial firms in the country and named in the annual Super Lawyers publication since 2009.
She is a Fellow of the American Academy of Matrimonial Lawyers and serves as treasurer for their New York chapter. She also serves on a number of committees within the legal community, including the New York City Bar Association as well as the New York State Bar Association.
 | | Practice Areas: | | Family Law | | | Online Media Type: | | Audio | | | Production Date: | | 07/16/2021 | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 1 Minutes | | | Online Format: | | On Demand | | | Course Type: | | Public |
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| | • | Alan Feigenbaum, Esq. - Blank Rome LLP | | • | Joseph DeMarco - Schlissel Ostrow Karabatos, PLLC | | • | Dana Stutman - Stutman Stutman and Lichenstein, LLP |
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