Suffolk County Equitable Distribution Lawyer

Suffolk County equitable distribution lawyer Stephen Bilkis heads Stephen Bilkis & Associates, bringing nearly 30 years of focused experience in divorce, property division, and other matrimonial matters in New York. The firm has handled hundreds of equitable distribution consultations and cases, and its attorneys have accumulated more than 300 years of legal experience as a group.

The financial side of a divorce can be one of its most stressful parts. You may be questioning whether you will be able to stay in your home, how your pension or retirement savings will be divided, what will happen to a business that supports your family, or whether you will be held responsible for debts you feel belong to your spouse. You might also believe your spouse has been moving money, undervaluing property, or keeping certain accounts hidden. We start by learning how you and your spouse built your financial life together, what you own and owe, and which assets are most essential to your future after the divorce.

Suffolk County couples come to us with a broad range of financial situations. Some have a home, a handful of bank accounts, and retirement plans through a school district, a town, or a private employer. Others own seasonal or contracting businesses, farms or vineyards, professional practices, waterfront homes, boats, rental properties on the East End, investment accounts, or assets that have been combined with marital funds over the years. We identify the assets and debts, sort out which are marital and which may be separate, and examine the valuation and ownership issues that could affect how the marital estate is divided.

Suffolk County residents facing a divorce deserve a firm with a strong reputation behind it. Stephen Bilkis has been recognized throughout his career by respected organizations in the legal community, including selection to the New York Super Lawyers list, a distinction held by only 5% of attorneys in the state. He also has an Excellent rating from Avvo, has been named a Top-Rated Lawyer by Justia, and has been recognized by Expertise.com and TopLawyer.com.

What to Expect From Equitable Distribution in Suffolk County

Many people enter a divorce certain that everything will be split evenly, and it can be jarring to learn that the result may look quite different. Stephen Bilkis gives clients a straightforward explanation of how New York courts divide property early in the case, so they can make well-informed decisions about settlement and trial. We work to develop a clear, realistic sense of what a fair division would be before negotiations get started.

New York uses equitable distribution under Domestic Relations Law § 236(B), which means marital property is divided in a way the court considers fair, and a fair outcome is not always an equal one. Suffolk County spouses may agree on their own division of property, and when they cannot, a judge in the Supreme Court, Suffolk County, will decide after weighing the factors set out in the statute. The Suffolk County equitable distribution lawyers at Stephen Bilkis & Associates build each case with the evidence needed to win at trial, which gives our clients meaningful leverage in settlement negotiations.

Several local features of the Suffolk County Supreme Court can affect how a property dispute is resolved:

• Where cases are heard: Matrimonial cases are handled predominantly at the court’s Central Islip location, in the Hon. Marquette L. Floyd Supreme Court Building at the John P. Cohalan Jr. Court Complex, 400 Carleton Avenue in Central Islip, while most other civil matters are heard in Riverhead.
• Matrimonial Mediation Program: The court offers a mediation program designed to help divorcing spouses reach agreements without a trial.
• Neutral evaluation: A judge may refer a case to the court’s Mediation Center for neutral evaluation, where an evaluator reviews the issues and gives the spouses a realistic sense of how they might be decided.
• Advance preparation: Before a neutral evaluation session, each side must provide an updated statement of net worth and, at least five business days ahead, a short written summary of the issues, the relevant facts, and the applicable law.

We help clients decide whether mediation or neutral evaluation makes sense for their case, and when it does, we prepare the financial statements and written summaries that give them the best chance of reaching a fair resolution.

How Suffolk County Courts Classify Marital and Separate Assets

Not knowing which of your assets your spouse may try to claim can make the future feel uncertain, especially when you are trying to figure out where you will live and what you will have to start over with. Stephen Bilkis & Associates helps clients identify which assets are marital and which are separate, and the firm challenges any attempt by the other spouse to recharacterize separate property. We reconstruct the history of each significant asset, including when it was acquired, how it was paid for, and whether marital funds were later mixed in.

Marital property generally includes income earned during the marriage, property purchased with that income, and retirement benefits earned during the marriage, regardless of whose name appears on the title. Separate property generally includes assets owned before the marriage, inheritances, gifts from someone other than a spouse, compensation for pain and suffering from a personal injury, and property designated as separate in a valid prenuptial or postnuptial agreement.

Separate property can lose its protection. When it is commingled with marital funds, it may be treated as marital, and an increase in its value may become partly marital if it resulted from the other spouse’s contributions or efforts. Stephen Bilkis and his team rely on bank records, deeds, closing documents, and account statements to trace separate funds and safeguard them for the client.

Tracing becomes more challenging the longer a couple has been married, and long marriages are common here, since according to the New York State Department of Health, nearly one in three of the 2,876 divorces granted in Suffolk County in 2022 ended marriages of 20 years or longer. Over that many years, savings from before the wedding or money from an inheritance can easily pass through joint accounts or into a shared home, and with years of experience handling hundreds of equitable distribution cases in New York, we know how to follow those funds back to their source and protect what belongs to our clients.

Clients who were injured during the marriage often ask us whether their personal injury settlement will be divided. Generally, the portion of the award that compensates for pain and suffering is separate property. However, any portion that replaces wages lost during the marriage or reimburses marital expenses, such as medical bills paid with marital funds, may be treated as marital property.

How New York Courts Divide Property in a Suffolk County Divorce

The way a judge divides your property can affect where you live, when you can retire, and how financially secure you are for the rest of your life. Stephen Bilkis presents the facts of each case in a way that helps the court see why his client’s requested division is fair. We identify the statutory factors that most favor the client and assemble the evidence to support them.

New York courts consider each spouse’s income and property when they married and when the divorce was filed, the length of the marriage, each spouse’s age and health, and whether a custodial parent needs to live in the marital home. Courts also take into account the loss of inheritance rights, pension rights, and health insurance, any maintenance award, the contributions of a spouse who cared for the home and children while the other built a career or business, the liquidity of the property, each spouse’s probable future financial circumstances, tax consequences, wasteful dissipation, transfers made in anticipation of divorce, domestic violence, and any other factor the court deems just and proper.

Our experienced Suffolk County equitable distribution lawyers gather testimony and records that show the court the full extent of each spouse’s contributions, including unpaid work in a family business or at home.

Allocating Loans, Credit Cards, and Student Debt in a Suffolk County Divorce

Finally ending a marriage and then learning you may be liable for credit cards, loans, or tax debts you never knew existed can feel like a second blow. Stephen Bilkis & Associates represents clients in disputes over mortgages, home equity loans, credit card balances, vehicle and boat loans, business debts, and tax obligations. We examine each debt to determine when it was incurred, what it was used for, and whether it benefited the marriage.

Debts taken on during the marriage for marital purposes are generally divided along with the marital assets, while a debt one spouse incurred solely for personal purposes may be assigned to that spouse. A divorce judgment does not bind creditors, so a lender may still pursue you on a joint account if your former spouse stops paying. The Suffolk County equitable distribution lawyers at our firm negotiate refinancing, payoff, or indemnification terms that protect clients if a former spouse defaults.

Student loans are a frequent source of questions, and clients often ask us who will be responsible for them after the divorce. It depends on when the loans were taken out and what they paid for. Loans incurred before the marriage generally remain the responsibility of the spouse who borrowed them, and while loans taken out during the marriage may be divided, courts often assign education debt to the spouse who received the degree, since a professional degree is no longer treated as marital property.

Dividing a Business or Professional Practice in a Suffolk County Divorce

When a business represents years of early mornings and long seasons, the thought of your spouse claiming a share of it can be hard to accept. Stephen Bilkis represents business owners and the spouses of business owners in cases involving closely held companies, contracting and landscaping businesses, seasonal and hospitality businesses, farms and vineyards, medical and dental practices, law and accounting firms, and other professional interests. We retain qualified valuation experts early, so the value presented to the court is supported by careful financial analysis rather than guesswork.

The portion of a business acquired or grown during the marriage is generally subject to equitable distribution. Valuing it may require a review of tax returns, profit and loss statements, the owner’s compensation, and personal expenses paid through the business, and for seasonal businesses, an analysis of income across several years to account for good and bad seasons.

One way to see our approach is to consider a North Fork vineyard. Suppose a husband inherited farmland from his parents before the marriage, and over the next 16 years, he and his wife turned it into a winery with a tasting room, where she worked most weekends without a salary. If we were representing the wife, we would acknowledge that the inherited land itself generally remains the husband’s separate property, then focus on the business that grew on it during the marriage, obtaining tax returns, sales records, and tasting room revenue, and working with a valuation expert to measure how much of the winery’s value came from the couple’s efforts. We would also gather testimony and records documenting her unpaid work, so that her share reflects the role she played in building the business.

Following a 2016 change in New York law, the enhanced earning capacity from a professional license or degree is no longer treated as marital property, but a court may still consider a spouse’s direct or indirect contributions to the other spouse’s education or career. We look for ways to divide a business’s value while keeping it operating, such as offsetting it with other assets or structuring payments over time.

How Retirement and Disability Pensions Are Divided in Suffolk County

Retirement savings are frequently the largest asset a couple has, and dividing them incorrectly can cost thousands of dollars or lead to unexpected taxes and penalties. Stephen Bilkis & Associates handles the division of 401(k) and 403(b) plans, IRAs, government and union pensions, deferred compensation, and stock options. We separate the portion of each account earned during the marriage from any portion 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 the account is in only one spouse’s name. Pensions from teaching, police, town, and other public employment are common among Suffolk County families, and they are often divided by a formula that gives the non-employee spouse a share of the benefits earned during the marriage. Many plans can only be divided through a qualified domestic relations order that the plan administrator must approve, and a Suffolk County equitable distribution lawyer at our firm can make sure these orders are prepared correctly and submitted promptly, because an error or delay can result in lost benefits.

Because so many Suffolk County families rely on public pensions, one question we hear regularly is whether a disability pension is treated the same way as a retirement pension. Not entirely. When a spouse receives a disability pension, the part that compensates for the disability itself is generally considered separate property, while the part that represents retirement benefits earned during the marriage is usually marital and subject to division.

Dividing the Marital Home in a Suffolk County Divorce

Parting with the home where your family has lived can be one of the most emotional steps in a divorce, and in Suffolk County, the home is often the couple’s most valuable asset, especially when there is also a second home or waterfront property. Stephen Bilkis represents spouses who want to keep the marital home and spouses who want to receive fair value for their share. We evaluate whether keeping the home is financially realistic, factoring in the mortgage, property taxes, homeowners and flood insurance, upkeep, 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 period of 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 resulting 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.

Hidden Assets and Dissipation of Marital Funds in a Suffolk County Divorce

Worrying that your spouse is hiding money, underreporting income, or running down marital accounts can leave you feeling as if you are always a step behind. Stephen Bilkis and his team represent clients whose spouses have concealed assets, shifted property to family members or friends, or wasted marital money on gambling, affairs, or other personal spending. We rely on the financial records, not the other spouse’s explanations, to determine where the money went.

After a divorce action is initiated, automatic orders generally prohibit each spouse from transferring, concealing, or wasting marital assets while the case is pending, applying to the spouse who starts the case upon filing and to the other spouse upon being served. Each spouse must also file a sworn statement of net worth disclosing income, assets, and debts. When assets may be concealed, including unreported cash income from a seasonal or service business, the firm reviews tax returns, bank and brokerage statements, credit card records, and business documents and, when needed, uses discovery, subpoenas, and forensic accountants to locate 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 greater share of what is left.

Enforcing an Equitable Distribution Award in Suffolk County

It is extremely frustrating to reach the end of a divorce and then watch your former spouse refuse to sign 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 is final. Our experienced Suffolk County equitable distribution lawyers act quickly, because the longer a former spouse delays, the greater the risk that assets will be spent, sold, or moved.

The court can enforce a property division through money judgments, orders directing the transfer of property, and contempt proceedings. When a pension or retirement account was supposed to be divided, the solution may be as simple as obtaining the necessary court order and submitting it to the plan administrator. We review the judgment, identify every obligation that remains unmet, 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 facing a divorce and are concerned about how your property and debts will be divided, contact an experienced equitable distribution attorney serving Suffolk County at Stephen Bilkis & Associates today for a free consultation at 800.696.9529. When you reach out, 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 achieve. We will discuss your situation and identify the next steps that may be available. Early action matters, because decisions made in the first weeks of a divorce, such as who remains in the home or how joint accounts are handled, can influence the rest of the case.

Clients who contact Stephen Bilkis & Associates are working with a firm whose founder has been recognized by legal peers and by independent rating services. 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 Suffolk County, from Huntington and Smithtown to Patchogue and the Hamptons, as well as in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, Westchester County, and other communities in the New York area.