Mediation Lawyer for Police Officers – Staten Island, NY

Q: How is a police officer's pension split in New York?

New York uses equitable distribution under DRL § 236(B), so marital property is divided fairly rather than automatically equally. The marital portion of a pension is generally determined under Majauskas v. Majauskas — and the pension is often not the only asset, since the Variable Supplemental Fund, a contributions account, disability classification, and survivor benefits can all be part of the picture.

Q: What is a DRO for a police pension?

A Domestic Relations Order (DRO) is the document used to divide a New York City Police Pension Fund pension after a divorce agreement or court order. The pension fund must review and approve the DRO before the division is implemented.

Q: Can mediation be used in a no-fault divorce?

Yes. Under DRL § 170(7), a no-fault divorce cannot be finalized until economic and parenting issues are resolved, and mediation helps couples reach those agreements together.

Divorce mediation gives NYPD police officers and their spouses a private, flexible way to resolve divorce while addressing parenting, property, and New York City Police Pension Fund issues together.

In Brief

If you are an NYPD police officer or the spouse of one, divorce mediation can help you resolve the important issues without asking a judge to make every decision. I’m Erin K. Colgan of Angiuli & Gentile, a divorce and family-law mediator on Staten Island who has worked with first-responder families for more than twenty years. As a neutral mediator I help couples reach practical agreements, including how to address the marital portion of a New York City Police Pension Fund pension — which, like every police pension, is more than a single number.

Written for Angiuli & Gentile · Reviewed by Erin K. Colgan, Esq., Senior Partner — Divorce, Family Law & Mediation

Erin K. Colgan — Senior Partner at Angiuli & Gentile; admitted to the New York Bar in 2003; certified divorce mediator since 2004 (Center for Mediation and Training); on the New York State Unified Court System’s Part 146 roster; Panel Member, American Arbitration Association / ICDR Family Law Mediator Panel (2025–2026).

Last Updated: July 2026

What Is Divorce Mediation for Police Officers?

Divorce mediation is a confidential, structured process where a neutral mediator helps spouses negotiate their own agreement instead of asking a court to decide every issue. For NYPD families, mediation often provides greater flexibility, privacy, and control.

As the mediator, Erin does not represent either spouse or advocate for one side over the other. She facilitates productive discussions, identifies areas of agreement, and helps the couple work toward practical solutions. The process may address parenting arrangements, property division, retirement and pension issues, financial matters, and future communication between parents. Each spouse may also consult an independent review attorney before signing any final agreement.

Because New York recognizes no-fault divorce under DRL § 170(7), a divorce based on an irretrievable breakdown of the marriage cannot be finalized until economic and parenting issues have been resolved. Mediation is designed to help couples reach those agreements together.

Why Does Mediation Work Well for NYPD Police Officers?

Police officers often work rotating tours, overtime, weekends, and changing assignments that make traditional litigation difficult to schedule. Mediation offers greater flexibility while keeping discussions private and focused on practical solutions.

For many NYPD families, scheduling is one of the biggest obstacles during divorce, since court appearances usually fall during business hours. Mediation can often accommodate evening appointments, weekend sessions, and flexible scheduling around tours and overtime, moving at a pace that fits the couple.

Fast fact: custody schedules need special attention when an officer works rotating tours and overtime. A nontraditional schedule is taken into account when building a parenting plan, and the plan can be designed to work for everyone involved. When your assignments affect your ability to pick up and drop off at fixed times, come to the table with your work schedule in hand — it’s the fastest way to build a plan that holds. Division of assets also goes beyond salary: support is calculated with overtime factored in, and debts taken on during the marriage — credit cards, mortgage, student and car loans — are part of the property division too.

Privacy is another consideration. Unlike contested litigation, mediation keeps discussions off the public court record — something many officers value while working toward a resolution. New York’s Unified Court System also encourages mediation through its presumptive early-ADR initiative in appropriate matrimonial matters.

How Is an NYPD Pension Treated in a New York Divorce?

The portion of a New York City Police Pension Fund pension earned during the marriage is generally marital property under New York law. Mediation lets spouses decide together how to address that marital portion instead of leaving it to a judge.

New York is an equitable-distribution state under Domestic Relations Law (DRL) § 236(B), so marital property is divided fairly — not necessarily 50/50. Retirement benefits earned during the marriage are generally marital property, and the controlling authority is Majauskas v. Majauskas, 61 N.Y.2d 481 (1984), which established the default Majauskas formula for the marital portion.

If the parties reach an agreement involving the pension, distribution is carried out through a Domestic Relations Order (DRO) that the New York City Police Pension Fund must review and approve.

A Police Pension Is Not a Single Line Item

An officer’s pension is far more than one number, and mediation is the place to name every piece before it is divided.

I’ve spent more than twenty years with these cases — and this moment is different. I’ve practiced matrimonial law on Staten Island since the aftermath of 9/11. Many of the first responders who were in their twenties then are reaching retirement age now, and some are facing divorce at the same time. I wrote about this retirement wave for the New York Law Journal [article link to be added], because I’ve watched what happens when these cases are handled by attorneys who treat a police pension as a single line item. It isn’t one. There’s the pension itself, but also the Variable Supplemental Fund, the contributions account that may hold money above what the pension requires, the question of how a disability retirement is classified, and survivor benefits that must be locked in before retirement — not after. In mediation, we put each of these on the table by name, so nothing is discovered missing years later when it’s too late to fix.

Timing matters, too. Many officers reach retirement eligibility at twenty years of service, and whether you mediate before or after that date can change how the pension and its related benefits are addressed — so it’s worth raising early.

What Happens During the Divorce Mediation Process?

Most divorce mediations follow a structured sequence that helps couples identify issues, exchange information, negotiate solutions, and prepare a written agreement that can support an uncontested divorce filing.

Mediation commonly proceeds through these stages:

Initial consultation.
Identification of the issues to resolve.
Exchange of relevant financial information.
Discussion of parenting and property matters.
Negotiation of retirement and pension issues.
Drafting of a comprehensive settlement agreement.
Review by each spouse’s independent attorney, if desired.
Completion of the uncontested divorce filing.

Throughout the process, the mediator remains neutral and facilitates productive discussion rather than making decisions for the parties.

How Does Mediation Compare With Litigation?

Mediation generally gives couples more control over scheduling, decision-making, and pace than litigation — and for most couples it is faster, less expensive, and more private.

Rather than preparing for repeated court appearances, spouses work together to resolve issues through guided discussions. Litigation puts decisions before a judge when the parties cannot agree; mediation instead helps spouses build their own comprehensive settlement, tailored to the family’s priorities.

How Are Children and Parenting Discussed in Mediation?

Parents remain the experts on their children’s daily lives. Mediation gives them a chance to create parenting arrangements together rather than relying on a court to resolve every disagreement.

Working with clients as co-parents is something I take personally. With a dedicated support system and a shared love for your children, it is possible to raise strong, healthy, well-adjusted children after a divorce. Children only experience childhood once, and it is challenging enough without an attorney creating additional conflict. I encourage clients to see themselves and their former spouse as co-parents, so children transition as easily as possible — with two involved parents who respect one another, where one parent doesn’t carry every obligation and the other doesn’t feel like just an ATM.

For officers, rotating tours, overnight assignments, and overtime may call for parenting arrangements that provide flexibility while keeping stability for the children. Those practical details — schedules, holidays, communication, decision-making, and adjustments for changing work — are exactly what mediation works out.

Consulting and Review Attorney for Spouses in Mediation

Separate from my work as a neutral mediator, I also serve as a private consulting and review attorney for spouses who are mediating their divorce with a different professional.

If you are mediating with another neutral, you can retain me privately to advise you outside the mediation, review a proposed agreement before you sign, and help you understand your rights and options at each stage. Because I mediate cases myself, I understand and respect the integrity of the process: good consulting counsel helps you make informed decisions within the mediation, not undermine the resolution you and your spouse are building. I keep this role entirely separate from any matter I mediate — I never serve as both the mediator and one spouse’s advisor in the same case.

What Happens When You Contact Erin K. Colgan of Angiuli & Gentile

At Angiuli & Gentile, our matrimonial and family-law department works as a team — you will feel that your concerns are our concerns. We pride ourselves on being the professionals who hold our clients’ hands as we walk through this difficult transition together. We are here for you.

Here is how it usually begins:

We talk about your situation and schedule an initial meeting.
I let you know which documents and financial information will help.
Both spouses attend the first joint session with me.
We work through parenting, financial, property, and pension issues over one or more sessions.
You review the drafted settlement agreement.
The uncontested divorce is completed after the agreement is finalized.

Frequently Asked Questions

Is my NYPD pension divided in a divorce?

The portion of a New York City Police Pension Fund pension earned during the marriage is generally marital property under DRL § 236(B). The controlling authority is Majauskas v. Majauskas, 61 N.Y.2d 481 (1984).

How is a police officer’s pension split in New York?

New York uses equitable distribution under DRL § 236(B), so marital property is divided fairly rather than automatically equally. The marital portion of a pension is generally determined under Majauskas v. Majauskas — and the pension is often not the only asset, since the Variable Supplemental Fund, a contributions account, disability classification, and survivor benefits can all be part of the picture.

What is a DRO for a police pension?

A Domestic Relations Order (DRO) is the document used to divide a New York City Police Pension Fund pension after a divorce agreement or court order. The pension fund must review and approve the DRO before the division is implemented.

Can we mediate a divorce around rotating tours?

Yes, in most cases. Sessions can frequently be scheduled around rotating tours, overtime, evenings, or weekends, which makes the process far more manageable for NYPD families.

Is mediation kept private compared to court?

Yes. Mediation takes place in a private setting rather than on the public court record — a real consideration for many officers.

Do we each still need our own attorney?

You are not required to, though many couples have an independent attorney review the agreement before signing. The mediator is neutral and represents neither spouse.

Is mediation cheaper than hiring a divorce lawyer?

In most cases, yes. Mediation involves one neutral professional rather than two full litigation retainers, sessions are billed as they’re used, and you avoid the motion practice and repeated court appearances that drive up the cost of a contested divorce. For couples able to negotiate in good faith, mediation is typically the most cost-effective path to a finalized divorce.

Can I hire my own attorney if we’re already in mediation with someone else?

Yes. If you and your spouse are mediating with a different neutral, you can retain me privately as your own consulting and review attorney — to advise you outside the sessions and review the agreement before you sign. I keep that role entirely separate from any case I mediate.

Can mediation be used in a no-fault divorce?

Yes. Under DRL § 170(7), a no-fault divorce cannot be finalized until economic and parenting issues are resolved, and mediation helps couples reach those agreements together.

If you are considering divorce and want to learn whether mediation is the right fit for your family, schedule a consultation with Erin K. Colgan of Angiuli & Gentile. Call Angiuli & Gentile, LLP at (718) 550-0466 or visit the office at 1493 Hylan Boulevard, Staten Island, NY 10305 to discuss your situation.