Westchester County Equitable Distribution Lawyer

Stephen Bilkis & Associates is led by Westchester County equitable distribution lawyer Stephen Bilkis, who has close to 30 years of experience representing clients in divorce, the division of marital property, and other matrimonial matters across New York. The firm has handled hundreds of equitable distribution cases, and its attorneys bring more than 300 years of legal experience between them.

A divorce can put everything you have worked for in question. You may be uncertain whether you will keep the family home, how retirement savings and investment accounts will be divided, what will become of a business or professional practice, or whether you will be left responsible for debts you believe your spouse should bear. You may also have reason to think your spouse has moved funds, put a misleadingly low value on property, or failed to fully disclose compensation or accounts. We begin by learning how you and your spouse built your finances, what you own and owe, and which assets are most important to your security once the divorce is over.

Westchester County marriages often involve financial pictures that range from simple to highly complex. Some couples have a home, a few bank accounts, and workplace retirement plans. Others have executive compensation packages with stock options and restricted stock units, deferred compensation, closely held businesses, professional practices, trusts, second homes, brokerage portfolios, or family money that has been mixed with marital funds over time. We identify the assets and debts, analyze which are marital and which may be separate, and study the valuation and ownership questions that can alter how the marital estate is divided.

Selecting a lawyer is an important decision, and many clients find it helpful to consider an attorney’s professional standing. Stephen Bilkis has received recognition from respected legal organizations and rating services during his career, including selection to the New York Super Lawyers list, which honors only 5% of attorneys in the state. He also holds an Excellent rating from Avvo, has been named a Top-Rated Lawyer by Justia, and has been recognized by Expertise.com and TopLawyer.com.

How Equitable Distribution Works in a Westchester County Divorce

Spouses frequently expect a straight fifty-fifty split and are surprised to discover how differently a New York court may approach the division of their property. Stephen Bilkis explains the governing rules to clients early and clearly, so every choice between settlement and trial is grounded in an accurate understanding of the law. We build a realistic assessment of what a fair division looks like before negotiations begin.

Under Domestic Relations Law § 236(B), New York’s equitable distribution law, marital property is divided in a way that is fair, and fairness does not always require an equal split. Westchester County spouses may resolve the division by agreement, and when they cannot, a judge in the Matrimonial Part of the Supreme Court, Westchester County, at the Westchester County Courthouse, 111 Dr. Martin Luther King, Jr. Blvd., White Plains, will decide after evaluating the factors set out in the statute. The Westchester County equitable distribution lawyers at Stephen Bilkis & Associates prepare every case as though it will go to trial, and that preparation gives our clients a stronger position when negotiating a settlement.

The Westchester Matrimonial Part follows its own operational rules in addition to the statewide rules, including the following:

• Retainer agreement: Each party who has a lawyer must file a copy of the retainer agreement at least ten days before the preliminary conference.
• Statement of net worth: Each party must file a sworn statement listing their income, assets, and debts at least ten days before the preliminary conference.
• Pay stub and tax return: Each party must also file their most recent pay stub and income tax return by the same deadline.
• Electronic filing: These documents are filed through the court’s electronic filing system, not delivered in person.
• Presumptive mediation: Certain matrimonial cases may be referred to mediation, with the court assigning a mediator at the preliminary conference.

We prepare these filings well ahead of the deadline, so our clients are never scrambling to meet it. We also help clients decide how to approach mediation, so they arrive at the first conference ready to move their case forward.

Clients who signed a prenuptial agreement frequently ask us whether it can be challenged. It can, although it is not easy. A prenuptial agreement must be in writing, signed by both spouses, and properly acknowledged to be valid in New York, and even a properly executed agreement may be set aside if it was the product of fraud, duress, or overreaching, or if its terms were unconscionable when it was signed.

Marital vs. Separate Property in a Westchester County Divorce

Many people facing divorce lose sleep over which of their assets will be divided and which will remain theirs, and that uncertainty can make it difficult to plan for life after the marriage. Stephen Bilkis & Associates helps clients determine the correct classification of their assets and opposes efforts by the other side to pull separate property into the marital estate. We document the history of each significant asset, including when it was acquired, how it was funded, and whether marital money was later added to it.

Marital property typically includes income earned during the marriage, assets acquired with that income, and retirement benefits earned during the marriage, regardless of which spouse holds title. Separate property typically includes assets owned before the marriage, inheritances, gifts from anyone other than a spouse, the portion of a personal injury award that compensates for pain and suffering, and property classified as separate in a valid prenuptial or postnuptial agreement.

Separate property can still be exposed to division. Combining it with marital funds can strip away its separate character, and growth in its value may become partly marital when it results from the other spouse’s contributions or efforts. Stephen Bilkis and his team use bank statements, closing documents, trust records, and account histories to trace separate funds and keep them protected.

A related question we often hear during consultations is whether a spouse is entitled to part of the growth in a separate investment account. Not necessarily. Growth that results purely from market forces, such as rising stock prices, generally remains separate property, but if the increase came from contributions or active management by either spouse, part of it may be treated as marital, especially if marital funds were deposited into the account.

Factors New York Courts Consider in Dividing Property

The way a court divides your property can determine the home you live in, the retirement you can afford, and your long-term financial stability. Stephen Bilkis presents the facts of each case in a manner designed to show the court why his client’s proposed division is fair. We identify the statutory factors that most favor the client and develop the proof to support them.

New York courts evaluate each spouse’s income and property at the time of the marriage and at the start of the divorce, the length of the marriage, each spouse’s age and health, and whether a custodial parent needs to remain in the marital home. Courts also weigh the loss of inheritance rights, pension rights, and health insurance, any maintenance award, the contributions of a spouse who maintained the household and raised children while the other pursued a career, whether the property is liquid, each spouse’s probable future finances, tax consequences, wasteful dissipation, transfers made in anticipation of divorce, domestic violence, and any other factor the court finds just and proper.

Our experienced Westchester County equitable distribution lawyers gather testimony and records that show the court the true value of each spouse’s contributions, including support at home that made the other spouse’s career possible. This is especially important in long marriages, which are common in Westchester County, where according to the New York State Department of Health, nearly one in four divorces granted in 2022 ended a marriage of 20 years or longer. After decades together, the contributions of a spouse who raised children or managed the household can be just as significant as a paycheck, and with years of experience handling hundreds of equitable distribution cases in New York, we know how to make sure the court gives those contributions the weight they deserve.

Dividing Marital Debt in a Westchester County Divorce

Ending a marriage should give you a clean financial slate, not leave you paying down credit cards, loans, or tax bills you never knew about. Stephen Bilkis & Associates represents clients in disputes over mortgages, home equity lines of credit, credit card balances, car loans, business obligations, and tax liabilities. We evaluate each debt to learn when it was incurred, how the money was used, and whether it benefited the marriage.

Debts taken on during the marriage for marital purposes are usually divided with the marital assets, while a debt incurred by one spouse purely for personal reasons may be assigned to that spouse. Because a divorce judgment does not bind creditors, a lender can still pursue you on a joint obligation if your former spouse fails to pay. The Westchester County equitable distribution lawyers at our firm negotiate refinancing, payoff, or indemnification terms so clients are protected if a former spouse defaults.

Dividing a Business or Professional Practice in a Westchester County Divorce

After years of effort building a company or a practice, it can be deeply unsettling to hear that your spouse may be entitled to a share of it. Stephen Bilkis represents both business owners and the spouses of business owners in cases involving closely held companies, family businesses, medical and dental practices, law and accounting firms, financial advisory practices, and other professional interests. We bring in qualified valuation experts early, so the value the court relies on is supported by thorough financial analysis rather than conjecture.

The portion of a business acquired or increased in value during the marriage is generally subject to equitable distribution. Valuing it may call for a review of tax returns, profit and loss statements, the owner’s compensation, and personal expenses paid by the business, as well as buy-sell agreements and partnership terms that may affect what an ownership interest is worth.

Following a 2016 amendment to New York law, the enhanced earning capacity attributable to a professional license or degree is no longer marital property, though a court may still consider one spouse’s direct or indirect contributions to the other spouse’s education or career. We look for solutions that divide a business’s value while allowing it to continue operating, such as offsetting it with other assets or structuring payments over time.

Dividing Retirement Accounts, Pensions, and Executive Compensation in Divorce

For many Westchester County couples, retirement savings and equity compensation represent a large share of their wealth, and dividing them improperly can cost a spouse thousands of dollars or create avoidable taxes and penalties. Stephen Bilkis & Associates handles the division of 401(k) plans, IRAs, government and union pensions, deferred compensation, stock options, and restricted stock units. For each account or award, we separate the portion earned during the marriage from any portion earned before the marriage or after the divorce was filed, so that only the marital share is divided.

Retirement benefits earned during the marriage are generally marital property even when the account is held in one spouse’s name. Pensions are commonly divided by a formula that awards the non-employee spouse a share of the benefits accrued during the marriage, and many plans can only be divided through a qualified domestic relations order that the plan administrator must approve. A Westchester County equitable distribution lawyer at our firm can ensure that these orders are drafted accurately and submitted promptly, because an error or delay can result in lost benefits.

Executives and their spouses often ask us whether unvested stock options or restricted stock units will be divided. They can be, because awards granted during the marriage may be partly marital even before they vest, depending on whether they were granted as a reward for past work or as an incentive for future work. Courts often use a time-based formula to determine what portion of an unvested award is marital.

To illustrate how this works in practice, picture a 16-year marriage in which one spouse is a senior executive at a company headquartered in Westchester and holds several grants of unvested restricted stock units, along with a deferred bonus for work performed the year before the divorce was filed. In a case like this, we would start by obtaining the grant agreements, vesting schedules, and deferred compensation plan documents, and comparing them against the statement of net worth filed in the Matrimonial Part. We would then work with a financial expert to apply a time-based formula to each grant, identify the portion of the deferred bonus earned during the marriage, and propose a division, such as transferring shares as they vest or offsetting their value with other assets, that gives our client a fair share without triggering unnecessary taxes.

Dividing the Marital Home in a Westchester County Divorce

Deciding the future of the home where your family has lived can be one of the most emotional parts of a divorce, and in Westchester County, the home is often the couple’s most valuable asset. Stephen Bilkis represents spouses who want to keep the marital residence and spouses who want to be fairly compensated for their interest in it. We carefully consider whether keeping the home is financially realistic, weighing the mortgage, property taxes, 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, which can be important for families who want children to stay in the same school district. 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 correctly.

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

Suspecting that your spouse is hiding money, deferring income, or spending down marital accounts can leave you feeling as though you are negotiating in the dark. Stephen Bilkis and his team represent clients whose spouses have concealed assets, transferred property to relatives or friends, or wasted marital funds on gambling, affairs, or other personal spending. We follow the documents rather than relying on the other spouse’s account of where the money went.

Once a divorce action begins, automatic orders take effect that generally prevent each spouse from transferring, concealing, or wasting marital assets while the case is pending, binding the spouse who files when the papers are filed and the other spouse once they are served. Each spouse must also file a sworn statement of net worth disclosing income, assets, and debts. When assets may be concealed, including through delayed bonuses, deferred compensation, or accounts held through a business, the firm reviews tax returns, bank and brokerage statements, credit card records, and business documents and, when necessary, uses discovery, subpoenas, and forensic accountants to locate and value them. If a spouse has hidden or dissipated marital property, the court can account for that conduct by awarding the other spouse a larger share of what remains.

Enforcing an Equitable Distribution Award in Westchester County

It is deeply frustrating to finally reach the end of a divorce, only to have your former spouse refuse to sign a deed, transfer an account, or make a required payment. Stephen Bilkis & Associates represents clients who need to enforce equitable distribution awards and settlement agreements after their divorce is final. Our experienced Westchester County equitable distribution lawyers act promptly, because every delay gives a former spouse more time to spend, sell, or move assets out of reach.

Courts 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 securing the necessary court order and submitting it to the plan administrator. We review the judgment, identify precisely which obligations remain unmet, and pursue the remedy most likely to produce what the client was awarded.

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

If you are going through a divorce and want to protect your fair share of the marital property, contact an experienced Westchester County equitable distribution lawyer at Stephen Bilkis & Associates today for a free consultation at 800.696.9529. During your consultation, you can describe 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 documents about compensation, investments, and business interests can take time to obtain, and starting early gives you the best chance of seeing the full financial picture.

Clients who contact Stephen Bilkis & Associates are working with a firm whose founder has earned recognition from his peers and from 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 Westchester County, from Yonkers and New Rochelle to White Plains and Chappaqua, as well as in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Nassau County, Suffolk County, and other communities in the New York area.