DEMAREST DIVORCE LAWYER

The wife's former attorney in an underlying divorce action moved to enforce a charging lien her equitable distribution award. The wife argued her attorney's efforts on her behalf did not create any new funds in the form of equitable distribution to which a charging lien could attach. She alleged the settlement awarded her equitable distribution equal only to the value of real property she already had legal title to. The attorney calculated that the $1.6 million settlement exceeded her share of the actual real estate proceeds by at least $300,000. The court found such calculation reasonable, stating the excess amount represented the creation of a new fund by the attorney's efforts to which a charging lien may attach. Thus, it granted the motion to enforce a charging lien in the amount of nearly $170,000. Zelman v. Zelman, New York County, February 12, 2007