Property Settlement Lawyer Westchester County, NY

Dividing marital property in a divorce is one of the most financially significant aspects of ending a marriage. In Westchester County, property settlement is governed by New York’s equitable distribution statute, which requires the court to divide marital assets fairly—though not necessarily equally. Whether you own a home in Scarsdale, hold retirement accounts from years in White Plains, or have a family business in Yonkers, a property settlement lawyer can help you understand what is at stake and work toward a resolution that protects your financial future. Mr. Sris and the firm’s Of Counsel attorneys represent clients in divorce proceedings throughout Westchester County, including before the Westchester County Supreme Court in White Plains. To request a consultation, call Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Property Settlement Means in Westchester County

New York is an equitable distribution state. Under New York Domestic Relations Law § 236, marital property is divided based on a set of statutory factors, not a simple 50/50 split. The Westchester County Supreme Court—located at 111 Dr. Martin Luther King Jr. Boulevard in White Plains—handles all divorce and equitable distribution matters for the county. The court evaluates factors such as the duration of the marriage, each spouse’s income and earning capacity, contributions to the marriage (including homemaking and child-rearing), the age and health of each party, and the tax consequences of any proposed division.

Westchester County encompasses communities with diverse financial profiles, from the estates of Bedford to the urban centers of Mount Vernon and New Rochelle. Property settlement disputes in this region often involve significant assets: family homes in Bronxville, investment portfolios, business interests, and retirement accounts accumulated over long marriages. The firm’s attorneys have experience addressing these cases and appear regularly in the Westchester County Supreme Court. Whether a matter is resolved through a negotiated separation agreement or litigated at trial, Mr. Sris and the firm’s Of Counsel attorneys work to present a clear, evidence-based argument for a fair distribution.

Child support, though a separate legal issue, is often intertwined with property settlement because the parties’ financial circumstances directly affect support obligations. Under New York law, child support is calculated using a statutory percentage of combined parental income: 17% for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more children, up to a combined parental income cap set by statute. (Income above the cap may be subject to additional support at the court’s discretion.)

How the Firm’s Attorneys Approach Property Settlement Cases

Every property settlement case begins with a thorough identification and valuation of marital assets. This includes real estate, bank and investment accounts, retirement plans, business interests, vehicles, and personal property. The firm’s attorneys work with clients to gather financial documentation, and where necessary, may advise retaining appropriate attorneys—such as forensic accountants or business valuators—to assess complex assets. Once the marital estate is defined, the attorney analyzes which assets are marital (subject to division) and which are separate (not subject to division), consistent with New York’s classification rules.

In many Westchester County divorce cases, negotiated settlements are reached without a trial. A well-drafted separation agreement or stipulation of settlement can resolve property division, maintenance, and related issues on terms the parties accept. When settlement is not possible, the matter proceeds to a trial before a Supreme Court justice. Mr. Sris and the firm’s Of Counsel attorneys have extensive combined legal experience, and they prepare each case as though it will go to trial, which often strengthens negotiation positions. The timeline for a property settlement matter varies depending on the complexity of the assets, the level of conflict, and the court’s calendar.

Throughout the process, the attorney explains the statutory factors a Westchester County court will consider, the likely range of outcomes, and the advantages and disadvantages of each strategy. Spousal maintenance (alimony) may also be part of the overall financial resolution and is calculated under a statutory formula that considers income and the length of the marriage. The firm’s attorneys address both temporary maintenance during the divorce and post-divorce maintenance where applicable.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, a former prosecutor. Mr. Sris, Owner and Founder of the firm, is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to family law matters. Results may vary. in your case.

The firm’s Of Counsel attorneys are experienced practitioners who appear in Westchester County courts and handle the range of issues that arise in property settlement cases. Because every attorney working on a clients’ behalf is readily accessible, clients benefit from focused attention and efficient case management. Spanish-language support is available for clients who prefer to communicate in Spanish. To schedule a consultation about your Westchester County property settlement matter, call (888) 437-7747.

Frequently Asked Questions

What is property settlement in a New York divorce?

Property settlement is the process of dividing marital assets and debts between spouses when a marriage ends. In New York, this is governed by equitable distribution under Domestic Relations Law § 236. The court classifies property as marital or separate, values it, and then divides the marital portion based on statutory factors such as the length of the marriage, each spouse’s income, contributions to the marriage, and future financial circumstances. Settlement can occur through a negotiated agreement or, if the parties cannot agree, by court decision. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

How is property divided in a Westchester County divorce?

Property division in Westchester County follows New York’s equitable distribution law, which aims for a fair—not necessarily equal—split of marital assets. The Westchester County Supreme Court applies the same statutory factors as any New York court but brings familiarity with the local real estate market, business climate, and cost of living. Marital property includes most assets acquired during the marriage, while separate property (gifts, inheritances, pre-marital assets) generally remains with the owning spouse. The court has broad discretion, and many cases settle before trial. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

Do I need a lawyer for a property settlement in Westchester County?

You are not legally required to hire a lawyer, but property settlement involves complex financial and legal issues that can have lasting consequences. A lawyer can help you identify all marital assets, evaluate settlement proposals, and present your case if litigation becomes necessary. In Westchester County, where real estate values and business interests can be substantial, professional guidance helps protect your financial interests. The firm’s attorneys offer consultations to discuss your matter. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.

How are retirement accounts handled in a New York property settlement?

Retirement assets—such as 401(k)s, IRAs, and pensions—are generally considered marital property to the extent they were earned during the marriage. The court may divide these assets through a Qualified Domestic Relations Order (QDRO) or other mechanism. The portion earned before the marriage is separate property. Valuation and proper division require careful attention to plan terms and tax implications. An experienced attorney can coordinate with financial professionals to ensure retirement accounts are addressed accurately. Call (888) 437-7747 to learn more.

What if my spouse is hiding assets during the property settlement?

If you suspect your spouse is concealing assets, your attorney can use the discovery process to investigate and uncover hidden marital property. This may include subpoenas for bank records, tax returns, business financials, and depositions. New York courts take financial disclosure seriously; a party who fails to disclose assets may face adverse inferences or sanctions. The firm’s attorneys are experienced in handling cases involving complex financial discovery and can help you pursue a fair accounting. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your concerns.

Can we agree on our own property settlement without going to court?

Yes, many Westchester County divorce cases are resolved through a negotiated settlement agreement that the parties sign voluntarily. A written separation agreement or stipulation of settlement that addresses property division, spousal maintenance, and other issues can be submitted to the court for approval. When both sides negotiate in good faith, the process is generally faster, less expensive, and less stressful than litigation. An attorney can draft or review the agreement to ensure it is legally sound and protects your rights. To request a consultation, call (888) 437-7747.

Additional Legal Resources for Westchester County

• Family Law Lawyer New York County (Manhattan)
• Family Law Lawyer Kings County (Brooklyn)
• Family Law Lawyer Queens County (Queens)
• Family Law Lawyer Nassau County (Long Island)
• Family Law Lawyer Suffolk County (Long Island)

Official New York Legal Resources

New York State Unified Court System — Information about Westchester County courts, court forms, and procedural rules.
New York Domestic Relations Law — The full text of the New York Domestic Relations Law, including § 236 concerning equitable distribution.

Last reviewed: July 2026

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