Westchester County Divorce Lawyer

Stephen Bilkis has spent nearly 30 years handling divorce, custody, support, and other matrimonial matters in New York. The attorneys at Stephen Bilkis & Associates together bring more than 300 years of legal experience, and the firm’s combined total of divorce consultations and cases now exceeds 10,000. Many of those families live in Westchester, where the school district often matters as much as the house itself.

The quality of that work has also been noticed by respected legal organizations. Stephen Bilkis has been named to the New York Super Lawyers list, an honor held by only 5% of attorneys in the state, and Avvo rates him Excellent. Justia has recognized him as a Top-Rated Lawyer, and he has also been recognized by Expertise.com and TopLawyer.com.

Many Westchester families chose Scarsdale, Chappaqua, or Rye because of the schools, and one parent may ride Metro-North into Manhattan every day to pay for that choice. When a marriage ends, keeping the children’s lives steady while dividing a career’s worth of income and assets becomes the central challenge. You may be wondering whether your children can stay in the same district, whether the house will have to be sold, how bonuses, retirement savings, and a family business will be divided, and whether your spouse is being honest about the family’s finances.

Some couples have modest assets and mainly need a fair parenting arrangement, while others have executive pay, real estate, and closely held businesses to sort out. We start by learning about your family, your finances, and your goals, so that our strategy is built around your life rather than a template.

When Is a Westchester Divorce Contested?

A divorce does not become contested simply because the marriage ended badly, and an uncontested divorce does not require former spouses to be on friendly terms. Westchester County divorce attorney Stephen Bilkis handles cases on both sides of that line, from spouses who have already reached an agreement to those who remain far apart on major financial or parenting issues. What matters is whether the spouses have resolved every issue that must be settled before the court can grant the divorce.

An uncontested divorce is possible when the spouses agree on all issues that apply to their marriage. Depending on the family, that may include the division of property and debts, maintenance, child support, custody, and parenting time. The focus then shifts to making sure the agreement accurately reflects what the spouses decided and addresses the details that could otherwise lead to disagreements later.

A divorce is contested when at least one issue remains unresolved. Sometimes the disagreement is narrow, such as the value of a business or what should happen to the marital home. In other cases, spouses disagree about several matters, including custody, support, and the division of substantial assets. A contested case may require discovery, financial disclosures, appraisals, expert analysis, negotiations, court conferences, motions, and, when an agreement cannot be reached, a trial. Those conferences take place at Westchester County Supreme Court, at the Richard J. Daronco Courthouse at 111 Dr. Martin Luther King Jr. Blvd. in White Plains, where a judge in the matrimonial part sets deadlines for exchanging financial documents early in the case.

Contested does not necessarily mean that a divorce will end with a judge deciding every issue. Many spouses resolve their disagreements while the case is pending. Preparing the case thoroughly helps identify where the spouses actually disagree, provides the information needed to evaluate settlement proposals, and leaves the case ready for litigation if negotiations do not produce an acceptable resolution.

Can You Resolve a Westchester Divorce Without Litigation?

For many couples, the thought of fighting out the end of a marriage in a courtroom, with the children aware of every conflict, is exactly what they want to avoid. Stephen Bilkis & Associates helps Westchester spouses decide whether mediation or collaborative divorce can work for them and guides them through whichever process they choose. Our goal is to help you keep more control over the decisions that will affect your family after the marriage ends, without giving up rights you did not know you had.

Not every divorce requires spouses to take opposing positions in court. Some couples are able to resolve custody, support, property division, and other issues through a structured negotiation process. The two main options work differently:

• Mediation. A neutral mediator helps the spouses identify disagreements, exchange information, and negotiate solutions, but does not give legal advice to either of them.
• Collaborative divorce. Each spouse has their own attorney, and everyone agrees to work toward a negotiated resolution instead of litigating, sometimes with help from financial or child-related specialists.

Because a mediator cannot advise either spouse, each person should have a lawyer of their own. The experienced Westchester County divorce lawyers at our firm explain your legal rights, evaluate proposed terms, point out provisions that may cause problems later, and review the agreement before you sign it. In a collaborative divorce, we take part directly in the meetings and work with any specialists the spouses bring in.

The right process depends on more than whether spouses would prefer to avoid court. Mediation and collaborative divorce require enough openness and participation for informed negotiations to take place. When one spouse refuses to share financial information, tries to control the negotiations, or there are concerns about domestic violence or safety, we may recommend another approach that offers greater protection.

For many Westchester families, part of the appeal of resolving a divorce outside the courtroom is privacy, and they want to know whether the court records will be public. Generally, they will not be, because unlike most court records, New York divorce records are not open to the public. Access is typically limited to the spouses and their attorneys unless a court orders otherwise.

How Will Parenting Work After a Westchester Divorce?

When parents separate, they need more than a schedule showing where their children will spend weekends and holidays. Stephen Bilkis & Associates helps Westchester parents work out where the children will primarily live, who will make important decisions for them, how school breaks will be handled, and how both parents will stay involved in their daily lives. We address these questions through negotiation whenever possible and present our client’s position to the court when an agreement cannot be reached.

New York custody arrangements generally address two separate concepts. Legal custody concerns responsibility for major decisions about matters such as education, medical care, and religion. Physical custody concerns where the child primarily lives and the parenting time each parent has. Depending on the circumstances, parents may share decision-making, one parent may have primary authority, or responsibilities may be divided in another way that serves the child’s needs.

When parents cannot agree, the court decides custody based on the child’s best interests rather than automatically favoring either parent. The judge may consider:

• The child’s bond with each parent. The court looks at the relationship the child has with each parent and how each has been involved in day-to-day care.
• The stability of each home. The court compares the homes each parent is proposing and how well each would meet the child’s needs.
• The parents’ ability to cooperate. The court considers whether the parents can work together on decisions and support the child’s relationship with the other parent.
• Any history of domestic violence. The court takes into account any violence in the home and how it affects the child’s safety.
• The child’s preferences. The court may consider what the child wants when the child is old enough and mature enough for those wishes to carry weight.

The practical details can matter just as much as the legal labels. In Westchester, where many families chose their home for the school district, school enrollment is often the first issue to settle, followed by transportation between homes, extracurricular activities, vacations, and how the parents will communicate. When a dispute requires more investigation, the court may appoint an attorney for the child or other professionals, and the experienced Westchester County divorce lawyers at our firm prepare clients for those interviews. The goal is a parenting arrangement that works for the family and protects each parent’s relationship with the children.

How Is Child Support Determined in Westchester?

Whether you are counting on child support to keep your children in their schools and activities or worried about an amount that stretches your budget too far, the number matters a great deal. Stephen Bilkis & Associates reviews both parents’ finances to determine what income should be counted and whether more records are needed. That matters because income is not always as simple as a paycheck, and in Westchester it often comes from several sources:

• Bonuses and commissions. Year-end bonuses and sales commissions can make up a large part of a parent’s pay, even when the base salary looks modest.
• Stock awards. Restricted stock and stock options can add significant income as they vest.
• Business earnings. Owners of closely held businesses or professional practices may receive income in ways that do not appear on a pay stub.
• Investment income. Dividends, interest, and other investment returns can also be counted.

In New York, parents generally have an obligation to support their children until age 21. Under the Child Support Standards Act, found in Domestic Relations Law § 240(1-b), basic child support is calculated using percentages based on the number of children: 17% for one child, 25% for two, 29% for three, 31% for four, and no less than 35% for five or more. Those percentages are applied to combined parental income up to the statutory income cap, and each parent is responsible for a share based on their income.

The calculation may not end with basic child support. Parents can also be responsible for additional expenses, including childcare needed for a parent to work, health insurance, and unreimbursed medical costs. Depending on the circumstances, educational expenses may also be divided between the parents.

Higher-income families raise additional questions, because the court must decide how income above the statutory cap should be treated. The experienced Westchester County divorce lawyers at our firm use financial disclosure and discovery to identify income that may not appear in a salary alone and present that information to the court.

Private school and college expenses require separate consideration. A court may direct parents to contribute toward these costs after considering the parents’ financial circumstances and the child’s educational needs. Parents can also settle these expenses in a divorce agreement, spelling out how tuition and related costs will be divided and, when appropriate, placing limits on each parent’s share.

How Does Spousal Maintenance Affect a Westchester Divorce?

A spouse who stepped back from a career years ago may be very concerned about supporting themselves once the household income is split, while the higher earner may worry about payments that feel impossible to sustain. Stephen Bilkis & Associates evaluates income, financial needs, earning capacity, and the circumstances of the marriage before deciding what position to take on maintenance. An award is not based simply on which spouse earns more, so we build the case on the full financial picture.

New York recognizes both temporary and post-divorce maintenance. Temporary maintenance may be awarded while the divorce is pending, and post-divorce maintenance can continue after the marriage has legally ended. Under Domestic Relations Law § 236(B)(5-a) and (6), New York provides formulas for calculating guideline maintenance, subject to an income cap, along with advisory guidelines for how long post-divorce payments should last.

The financial picture becomes more complicated in many Westchester divorces, where a spouse may earn well above the cap, receive pay that changes from year to year, or have income from a business. The court can consider statutory factors when deciding whether to adjust the guideline amount or award maintenance on income above the cap. The experienced Westchester County divorce lawyers at our firm also look at how the marriage affected each spouse’s ability to support themselves, including:

• Time spent raising children. Years at home with the children can make it harder to return to the same career or pay level.
• Breaks in employment. A spouse who left a job, such as a career in Manhattan, may need time to rebuild a professional network and work history.
• Reduced earning capacity. Skills and credentials can fall out of date during years away from work.
• Education or training needs. A spouse may need classes or a new license to become self-supporting.
• Contributions to the other spouse’s career. Supporting a spouse through long hours, relocations, or advanced degrees can matter when deciding what is fair.

For the spouse who may pay maintenance, it is just as important to present reliable evidence of income, financial obligations, and other circumstances that affect the requested award. We prepare that evidence so the court sees a complete and accurate picture from both sides.

How Is Property Divided in a High-Asset Westchester Divorce?

Dividing a home, investments, and retirement savings that took decades to build can feel overwhelming, and in a high-asset divorce, a single valuation mistake can cost hundreds of thousands of dollars. Stephen Bilkis & Associates helps Westchester spouses identify every asset that must be divided and determine what financial information or professional valuations are needed. Our approach is to build a complete picture of what each spouse owns, what it is worth, and whether it is marital or separate property before any division is discussed.

New York follows equitable distribution rather than automatically dividing marital property equally. Property acquired during the marriage is generally considered marital property, no matter whose name appears on the title or statement. Separate property can include assets owned before the marriage, inheritances, and certain gifts, and it generally stays with the spouse who owns it as long as it has been kept separate. According to the New York State Department of Health, 2,633 divorces were granted in Westchester County in 2022, and roughly 600 of them ended marriages of 20 years or more, when couples have often built up significant assets together.

Valuation is especially important when an asset cannot be divided based on a simple balance. Assets that often need careful analysis in Westchester divorces include:

• Closely held businesses and professional practices. An appraisal or financial expert may be needed to establish what the business is actually worth.
• Real estate. The family home, a vacation property, or a rental building may each require its own appraisal.
• Stock compensation. Restricted stock and options must be reviewed to determine what portion was earned during the marriage.
• Retirement plans and investments. Each plan must be traced to separate the marital share from any part earned before the marriage.

Financial discovery becomes critical when the information each spouse provides does not tell the whole story. We review tax returns, bank and brokerage statements, business records, property records, and compensation documents to identify assets, debts, and sources of income. When there is reason to believe assets have been transferred, undervalued, or left out of the financial disclosures, the experienced Westchester County divorce lawyers at our firm use subpoenas, depositions, and forensic accountants to trace them.

How Are Stock Options Divided in a Westchester Divorce?

For many Westchester families, a large share of what they have worked for is tied up in stock awards and bonuses that have not been paid yet, and the fear of losing that value in a divorce can be intense for either spouse. Stephen Bilkis & Associates helps executives and their spouses determine whether some or all of that compensation belongs in the marital estate. Our approach is to look past the salary to every form of pay, including stock options, restricted stock units, deferred compensation, performance awards, and bonuses that vest or become payable years after they are granted.

The fact that an award has not vested by the time a divorce begins does not necessarily make it separate property. What matters is why the award was given. Under New York law, an award that pays for work already done during the marriage is generally marital, while an award meant to keep an employee working in the future may be only partly marital, with the split calculated by comparing the time before and after the divorce was filed.

A Westchester divorce shows how this works. In S.H. v. E.S., 2014 NY Slip Op 51955(U) (Sup. Ct. Westchester County 2014), the husband was a senior banker with several types of deferred pay, and the court looked at each award separately:

• A signing bonus. A $1.75 million award paid over two years, which only required him to stay employed, was treated as fully marital, and the wife received half.
• Incentive stock awards. Awards designed to reward and keep key employees were only partly marital, so the court used a time-based formula to separate the marital share.
• A three-year incentive plan. Because the divorce was filed 308 days into a 1,095-day plan cycle, about 28% of that award was marital, and the wife received half of that share if and when it was paid.
• A payment for future notice. A payment made in exchange for the husband’s promise to give advance notice before leaving his job was his separate property.

That analysis depends on documents that are easy to overlook, such as grant agreements, vesting schedules, compensation plans, and employment letters. The experienced Westchester County divorce lawyers at our firm gather those records and work with financial professionals to show what each award was really for. Rather than assigning a present value to an award that may change substantially, an agreement or court order can provide for the marital portion to be divided if and when the compensation actually vests or is paid.

Will a Prenuptial Agreement Control Your Westchester Divorce?

For spouses who signed a prenup or postnup years ago, the end of the marriage is when they find out whether that agreement will actually hold, and the stakes can be enormous on both sides. Stephen Bilkis & Associates reviews these agreements for Westchester clients to determine what they cover, whether their terms apply to the current dispute, and whether they are legally enforceable. Our approach is to start with the agreement itself, before New York’s usual rules for property division or maintenance come into play, because a valid agreement can change which issues need to be resolved at all.

Under Domestic Relations Law § 236(B)(3), a prenuptial or postnuptial agreement must be in writing, signed by both spouses, and properly acknowledged, much like a deed. Beyond that, what an agreement controls depends on its language. In Westchester, agreements often address:

• Specific property. Many agreements protect a family business, a home owned before the marriage, or an inheritance.
• Broader division rules. Some agreements set out how all assets and debts will be divided, or define what will count as separate property.
• Spousal maintenance. Some agreements limit or waive maintenance, subject to the court’s review of whether that term is fair.

An agreement cannot decide custody or take away a child’s right to support, because those decisions must be made based on the children’s needs at the time of the divorce. When one spouse seeks to enforce an agreement and the other challenges it, courts may look at whether it was properly signed and acknowledged, whether there was fraud, duress, or other unfair conduct, and whether its terms are unconscionable. How each spouse disclosed their finances and how the agreement was negotiated can also matter.

The experienced Westchester County divorce lawyers at our firm review both the agreement and the circumstances surrounding its signing before advising how it should affect your divorce. That review may support enforcing the agreement as written, challenging some or all of its provisions, or negotiating a resolution that accounts for the risks each spouse would face if a court decided the dispute.

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

Contact the experienced divorce attorneys serving Westchester County at Stephen Bilkis & Associates today for a free consultation at 800.696.9529. Tell us what is happening in your marriage, whether a court date or temporary order is 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 decisions made at the beginning of a divorce, such as moving out of the home or changing how family money is handled, can have a lasting effect on the result.

The lawyers you will work with are part of a firm whose founder’s work has been widely recognized. Stephen Bilkis has been selected to the New York Super Lawyers list, which honors the top 5% of attorneys in the state. He holds an Excellent rating from Avvo, has been recognized by Justia as a Top-Rated Lawyer, and has also received recognition from Expertise.com and TopLawyer.com.

Stephen Bilkis & Associates helps families throughout Westchester County, from Yonkers and New Rochelle to White Plains and Scarsdale. The firm also works with clients across New York City and the surrounding area.