Staten Island Equitable Distribution Lawyer

With nearly 30 years of experience in divorce, property division, and other matrimonial matters, Staten Island equitable distribution lawyer Stephen Bilkis leads the team at Stephen Bilkis & Associates. The firm has handled hundreds of equitable distribution cases, and its attorneys offer more than 300 years of collective legal experience.

Facing a divorce often means facing hard questions about your financial future. You might be wondering whether the house will stay with you, how your pension or 401(k) will be split, what will happen to the business you run, or whether you will be stuck with debts you believe your spouse created. You may also worry that your spouse is quietly moving money, placing a low value on property, or leaving assets out of the financial picture. Our first step is to understand how you and your spouse managed money during the marriage, what property and debts you share, and which assets you most need to secure for your life after the divorce.

The financial lives of Staten Island couples take many forms. Some have a single-family home, a joint savings account, and pensions earned through the NYPD, FDNY, the Department of Education, or other city and union jobs. Others have a contracting or trades business, a professional practice, rental properties, a vacation home in New Jersey or Pennsylvania, investment accounts, or funds that have drifted between separate and joint accounts over the years. We inventory the assets and debts, determine which are likely marital and which may be separate, and examine the valuation and ownership issues that could influence how the marital estate is divided.

When deciding who will represent you, the reputation of the attorney leading the firm deserves consideration. Stephen Bilkis has been recognized over the years by respected legal organizations and independent attorney review platforms, including selection to the New York Super Lawyers list, an honor extended to just 5% of attorneys in the state. He also carries an Excellent rating from Avvo, has been named a Top-Rated Lawyer by Justia, and has been recognized by Expertise.com and TopLawyer.com. If your divorce involves dividing property or debt, contact Stephen Bilkis & Associates to discuss the specifics of your case.

How Property Is Divided in a Staten Island Divorce

A common belief is that divorcing spouses always split everything evenly, and that assumption can lead to real disappointment once the case is underway. Stephen Bilkis explains New York’s property division rules to clients in plain terms from the very beginning, so they can make sound decisions about whether to settle or proceed to trial. We work to establish a realistic picture of a fair outcome before any negotiations take place.

Under Domestic Relations Law § 236(B), New York is an equitable distribution state, meaning that marital property is divided in a manner that is fair given the circumstances, even if that division is not fifty-fifty. Staten Island spouses can agree on how their property will be divided, and if they cannot, a judge in the Supreme Court, Richmond County, at 26 Central Avenue on Staten Island, will decide after reviewing the factors identified in the statute. The Staten Island equitable distribution lawyers at Stephen Bilkis & Associates develop each case with the evidence needed to prevail at trial, which strengthens our clients’ hand during settlement talks.

The Richmond County matrimonial parts have their own rules that move contested cases along at a steady pace, including the following:

• A firm deadline for the first conference: The preliminary conference must be held within 45 days after a judge is assigned to the case, and it generally cannot be postponed beyond that point without the court’s permission.
• Early financial disclosure: Each spouse’s sworn statement of net worth must be exchanged and filed with the court ten days before the preliminary conference.
• Required attendance: Both spouses must appear at every conference unless the court excuses them in advance.

Because these deadlines arrive quickly, we begin gathering financial records as soon as a client retains us. That way, our clients walk into their first conference with complete disclosure and a clear plan for the rest of the case.

Many Staten Island couples own a second home at the Jersey Shore or in the Poconos, so clients frequently ask us whether a New York court can divide property in another state. It generally can. A New York court handling your divorce can include out-of-state property in the marital estate, and because it cannot directly transfer title to real estate in another state, it typically orders the spouses themselves to sign the documents needed to carry out the division.

Marital vs. Separate Property in a Staten Island Divorce

Not being sure which of your assets your spouse can claim a share of can make every decision feel uncertain, from whether to stay in the house to how much you can count on for the years ahead. Stephen Bilkis & Associates helps clients establish the proper category for each asset and contests any attempt by the other side to treat separate property as marital. We piece together the history of every significant asset, examining when it was acquired, how it was paid for, and whether marital funds were later added.

Generally speaking, marital property consists of income earned during the marriage, assets purchased with that income, and retirement benefits earned during the marriage, no matter whose name is listed as the owner. Separate property generally consists of assets owned before the marriage, inheritances, gifts from people other than a spouse, the portion of a personal injury award that compensates for pain and suffering, and property that a valid prenuptial or postnuptial agreement designates as separate.

Protection for separate property is not guaranteed. Mixing it with marital funds can cause it to lose its separate status, and an increase in its value may be partly marital when it resulted from the other spouse’s contributions or efforts. Stephen Bilkis and his team review bank statements, closing documents, and account records to trace separate funds and keep them in the client’s possession.

Factors Courts Consider When Dividing Property in a Staten Island Divorce

When a judge divides your property, the outcome can influence where you live, how you retire, and how secure your finances will be for many years. Stephen Bilkis presents each case in a way that helps the court understand why the division his client is requesting is fair. We identify the statutory factors that best support the client’s position and gather the evidence to prove them.

The factors New York courts consider include the income and property each spouse had when they married and when the divorce was filed, the length of the marriage, the age and health of each spouse, and whether a custodial parent needs to live in the marital home. Courts also look at the loss of inheritance rights, pension rights, and health insurance caused by the divorce, any maintenance award, the contributions of a spouse who took care of the home and children while the other developed a career, the liquidity of the property, each spouse’s expected future finances, tax consequences, wasteful dissipation, transfers made in anticipation of divorce, domestic violence, and any other factor the court deems just and proper.

Our experienced Staten Island equitable distribution lawyers gather testimony and records that show the court the full scope of each spouse’s contributions, including those that were never measured by a paycheck.

Dividing Marital Debt in a Staten Island Divorce

Walking away from a marriage should not mean walking into years of payments on credit cards, loans, or tax bills you never agreed to. Stephen Bilkis & Associates represents clients in disagreements over responsibility for mortgages, credit card balances, vehicle loans, business debts, and tax liabilities. We review each debt to establish when it was taken on, what the money was used for, and whether it served the marriage.

Debts incurred during the marriage for marital purposes are generally divided alongside the marital assets, while a debt that one spouse took on for strictly personal reasons may be assigned to that spouse. A divorce judgment does not limit a creditor’s rights, so if your name stays on a joint account and your former spouse stops paying, the creditor may still come after you. The Staten Island equitable distribution lawyers at our firm negotiate terms that require refinancing, payoff, or indemnification to protect clients if a former spouse defaults.

Dividing a Business or Professional Practice in a Staten Island Divorce

When you have spent years building a business, the possibility of your spouse walking away with part of it can feel like losing a piece of your livelihood. Stephen Bilkis represents both business owners and their spouses in matters involving closely held companies, contracting and trades businesses, medical and dental practices, law and accounting firms, and other professional interests. We engage qualified valuation experts early on so that the value presented to the court is backed by sound financial analysis instead of estimates.

The share of a business acquired or grown during the marriage is generally subject to equitable distribution. Establishing its value may involve reviewing tax returns, profit and loss statements, the owner’s compensation, and personal expenses paid through the business, along with equipment, vehicles, and contracts that often make up much of the value of a trades business.

Since New York changed its law in 2016, the enhanced earning capacity that comes with a professional license or degree is no longer treated as marital property, although a court may still consider a spouse’s direct or indirect contributions to the other spouse’s education or career. We explore ways to divide the value of a business while keeping it operating, such as balancing it against other assets or arranging payments over a period of time.

Dividing Pensions and Retirement Accounts in a Staten Island Divorce

Retirement benefits are often the most valuable asset a couple has, and an error in dividing them can cost thousands of dollars or result in unnecessary taxes and penalties. Stephen Bilkis & Associates handles the division of 401(k) plans, IRAs, government and union pensions, deferred compensation, and stock options. For every account, we separate the portion earned during the marriage from what was earned before the marriage or after the divorce began, so that only the marital share is divided.

Retirement benefits earned during the marriage are generally marital property, even when only one spouse’s name is on the plan. Many Staten Island families depend on city and union pensions, which are often divided using a formula that gives the non-employee spouse a share of the benefits earned during the marriage, and many plans can only be divided through a qualified domestic relations order that the plan administrator must approve. A Staten Island equitable distribution lawyer at our firm can make sure these orders are drafted correctly and filed promptly, since a mistake or a delay can lead to lost benefits.

Getting the pension right is especially important on Staten Island, where according to the New York State Department of Health, nearly one in three of the 935 divorces granted in Richmond County in 2022 ended marriages of 20 years or longer. A marriage that long can mean decades of pension credits earned through the NYPD, FDNY, or other public service, and with years of experience handling hundreds of equitable distribution cases in New York, we know how to calculate the marital share of these benefits and protect our clients’ retirement security.

Dividing the Marital Home in a Staten Island Divorce

Letting go of the house where you raised your family can be one of the most difficult parts of a divorce, and on Staten Island, that house is usually the couple’s biggest asset. Stephen Bilkis represents spouses who want to stay in the marital home and spouses who want fair compensation for their share of it. We assess whether keeping the home is financially practical, taking into account the mortgage, property taxes, homeowners and flood insurance, maintenance, and the client’s income after the divorce.

A court may award the home to one spouse and offset its value with other assets, order it sold and the proceeds divided, or allow a parent with custody of the children to remain there for a time. If one spouse owned the home before the marriage, the other spouse may still have a claim to part of any increase in value that came from marital contributions such as mortgage payments or renovations. The firm obtains appraisals and payment records so that each spouse’s share of the equity is calculated accurately.

A situation we might encounter on the South Shore shows how this works. Suppose a husband bought a house in Great Kills a few years before the wedding, and after Hurricane Sandy, the couple spent much of their savings rebuilding and raising it while continuing to pay down the mortgage together. Representing the wife, our approach would be to obtain the original closing statement, contractor invoices, and bank records showing that marital funds paid for the work, and to have an appraiser determine what the house was worth on the date of the marriage and what it is worth today. With that evidence, we would seek a fair share of the increase in value that the marital contributions created, either through a cash payment or an offset against other assets.

Clients considering leaving the house during the case often ask us whether moving out means giving up their share. It does not. Moving out does not surrender your ownership interest or your right to a share of the equity, although leaving can have practical consequences, such as affecting who lives in the home while the case is pending, so it is wise to speak with a lawyer before making that decision.

Hidden Assets and Dissipation of Marital Funds in a Staten Island Divorce

Believing that your spouse is concealing money, underreporting income, or draining marital funds can make you feel as though the process is stacked against you. Stephen Bilkis and his team represent clients whose spouses have hidden assets, transferred property to relatives or friends, or wasted marital money on gambling, affairs, or other personal spending. We follow the financial records rather than taking the other spouse’s explanations at face value.

As soon as a divorce action is underway, automatic orders generally prohibit each spouse from transferring, hiding, or wasting marital property while the case is pending, taking effect for the spouse who files when the papers are filed and for the other spouse when they are served. Each spouse must also submit a sworn statement of net worth disclosing income, assets, and debts. When assets may be concealed, including cash income from a business, the firm analyzes tax returns, bank and brokerage statements, credit card records, and business documents and, when necessary, uses discovery, subpoenas, and forensic accountants to trace and value them. If a spouse has hidden or wasted marital property, the court can take that into account and award the other spouse a larger portion of what remains.

Enforcing an Equitable Distribution Award on Staten Island

After investing months in a divorce, it is exasperating when your former spouse will not sign over a deed, transfer an account, or make a payment the judgment requires. Stephen Bilkis & Associates represents clients who need to enforce equitable distribution awards and settlement agreements after the divorce has been finalized. Our experienced Staten Island equitable distribution lawyers move quickly, because each day of delay gives a former spouse more opportunity to spend, sell, or move the assets at issue.

The court can enforce a property division through money judgments, orders requiring the transfer of property, and contempt proceedings. When a retirement account or pension was supposed to be divided, the remedy may be as simple as obtaining the required court order and sending it to the plan administrator. We review the judgment, identify the obligations that have not been met, and pursue the remedy most likely to deliver what the client was awarded.

Request a Free, No-Obligation Consultation with Stephen Bilkis & Associates

If you are going through a divorce and are concerned about protecting your property and avoiding unfair debt, contact an experienced equitable distribution attorney serving Staten Island at Stephen Bilkis & Associates today for a free consultation at 800.696.9529. When you call, you can tell us about your marriage, the property and debts involved, whether a court date or order is already pending, and what you hope to accomplish. We will discuss your situation and identify the next steps that may be available. Early action matters, because deadlines, pending motions, and a spouse’s financial moves can all narrow your options if you wait too long to get guidance.

Those who contact Stephen Bilkis & Associates are working with a firm led by an attorney whose work has earned the respect of his peers and the wider legal community. Stephen Bilkis has been selected to the New York Super Lawyers list, which recognizes the top 5% of attorneys in the state. He is also rated Excellent by Avvo and has been recognized as a Top-Rated Lawyer by Justia, as well as by Expertise.com and TopLawyer.com.

Stephen Bilkis & Associates represents clients throughout Staten Island, from St. George and Great Kills to New Springville and Tottenville, as well as in Manhattan, Brooklyn, Queens, the Bronx, Nassau County, Suffolk County, Westchester County, and other communities in the New York area.