Boyajian v. Boyajian

The jurisdiction of the court to allow counsel fees in matrimonial actions flows from statute. (Johnson v. Johnson, 206 N. Y. 561; De Robertis v. De Robertis, 254 App. Div. 811.) Within the limits of that jurisdiction the court may award counsel fees after final judgment where the decree or the judgment of the court is assailed and the wife is without adequate means to defend. In Fox v. Fox (263 N. Y. 68) the Court of Appeals held that even after a final judgment of divorce the court was empowered to allow counsel fees and printing disbursements to a wife compelled to defend an application…