Evan D. Schein
Phone: 212-867-9123 Fax: 212-983-8526
Head of Litigation
Evan Schein is a partner with the firm and leads the firm’s litigation practice. Mr. Schein joined Berkman Bottger Newman & Schein LLP in 2010 after practicing at another well-known matrimonial law firm.
Mr. Schein is an experienced litigator with an ability to find creative solutions to complex issues. This allows Mr. Schein to deliver optimum results for his clients at trial or during settlement negotiations. Mr. Schein prides himself on working closely with his clients to develop litigation and negotiation strategies that fit a client’s goals. Whether negotiating a prenuptial agreement for a client or litigating a divorce, Mr. Schein zealously advocates for his clients’ interests.
Mr. Schein has litigated matrimonial matters in the Supreme and Family Courts of Manhattan, Kings, Queens, Nassau, Suffolk and Rockland Counties, and has also worked extensively practicing in the courts of Westchester County, where the firm retains an office.
Mr. Schein also focuses his practice on representing professional athletes in family law matters. Prior to becoming an attorney, Mr. Schein was a sports agent. He has now blended his two passions of sports and family law to create a unique practice of sports-oriented family law. Mr. Schein’s familiarity with athlete contracts and the complex compensation structures, endorsement and marketing deals, and relocation custodial issues for athletes enables him to understand the wide array of issues present in representing clients in the sports and entertainment industries. He frequently works with sports and entertainment agents, prominent trust and estate attorneys, financial advisors, and insurance specialists to protect his client’s interests.
Mr. Schein has been recognized in the New York Metro Super Lawyers Edition from 2013 to 2019. He sits on the faculty of the New York College of Matrimonial Trial Attorneys, has taught several Continuing Legal Education seminars for various organizations and bar associations in New York and nationally, and has been cited in publications for his work on prominent New York family law cases. He has achieved the top rating of 10 at Avvo, the prominent attorney-ranking database. In 2019, Mr. Schein was selected for inclusion in the Westchester Business Council’s prestigious 40 Under 40 list.
Mr. Schein is an active member of many organizations and bar associations including the New York State Bar Association (Family Law Section, Sports and Entertainment Law Section and Executive Committee); New York County Bar Association (Family Law Section); New York State Women’s Bar Association; American Bar Association (Family Law Section); Westchester County Bar Association.
Schein On: The Podcast
Athletes, celebrities, divorce, politics, social media, COVID: families have a lot going on these days. Attorney Evan Schein of Berkman Bottger Newman & Schein and Dr. Jeanne Safer, author of “I Love You, But I Hate Your Politics” talk about politically mixed marriages, and how to navigate the conversation with someone you love, in the premier episode of the Schein On podcast. You’re not going to want to miss what she has to say. Listen here.
- The Public Unraveling of a Marriage – Dr. Dre and Nicole Young
- A Look Ahead to Draft Day: The Scouting Report from the Matrimonial Attorney
- An Athlete’s Perfect Prenup
- Sports Schedule or Custody Schedule? Unexpected Conflicts for Athletes Resuming Play
- When Play Resumes, Pay Resumes: Why Athletes Need Prenuptial and Postnuptial Agreements
- Lessons Learned From High-Profile Divorces
- The Challenges of Divorcing in the Public Eye
- Dr. Dre Faces a Prenup Challenge
Areas of Practice
Honors and Recognitions
- Super Lawyers, Rising Star, 2013-2019
- Avvo Rating of 10, Top Family Attorney
- Martindale-Hubbell Client Champion, 2018-2019
- American Institute of Family Law Attorneys, 10 Best Under 40, 2019
- National Academy of Family Law Attorneys, Top 10 Under 40, 2018
- Business Council of Westchester, 40 Under 40, 2019 Rising Star
- New York State Bar Association (Member, Family Law Section; Member, Executive Committee)
- American Bar Association (Member, Family Law Section)
- New York State Women’s Bar Association
- New York County Lawyer’s Association
- New York City Bar Association
- Westchester County Bar Association
- Association of Family and Conciliation Courts (Member, New York Chapter)
- New York Association of Collaborative Professionals
- International Academy of Collaborative Professionals
- Rockland County Bar Association (Past Co-Chair, New Lawyers Committee)
- Nassau County Bar Association
- November 18, 2020: “Orders of Protection from the Perspective of the Family Lawyer, the Criminal Lawyer and the Bench,” presented to the New York State Bar Association.
- September 16, 2020: “Prenups, Estate Planning, and International Considerations: How to get them right from the outset,” presented to the Estate Planning Council of New York City, September 16, 2020.
- How do you broach the difficult subject of prenups with your clients?
- In terms of drafting considerations, what are the essential elements? Specifically, how do you address the trust issue from the perspective of definitions of Separate Property and providing full financial disclosure? Also, how do you address international considerations in such documents?
- What are the pitfalls of prenups and what should you avoid?
- How to successfully navigate the negotiations from a psychological perspective?
- How do family/estate attorneys work together to achieve the best result for their clients in a timely manner?
Select a question above to hear Evan's answer on YouTube.
- February 26, 2020: Wine and Wealth “Money and Marriage” Panel, presented at Wells Fargo
- December 16, 2019: “The role of a financial professional as an expert witness,” presented to the Association of Family and Divorce Professionals
- November 9, 2018: "The Effective Use of Collaterals in Child Custody Evaluations," presented to the American Association of Family and Conciliation Courts Annual Symposium, Denver, Colorado.
- October 16, 2018: “Preparing for and conducting party depositions,” presented to the New York State Bar Association
- April 23, 2018: "Controversies Surrounding Preparation of Clients for Child Custody Evaluations," presented to the New York County Bar Association.
- April 22, 2017: "A Mental Health Professional's Guide to Understanding the Law in Child Custody Proceedings," presented to the New York Center for Living.
Quotes and Publications
- Pre-Marital Planning with Matrimonial Law Attorney Evan Schein, Life and Money with Christine Teh, October 8, 2020
- “Avoid the Divorce Attorney, with Evan Schein,” Next Level Relationship Podcast, July 21, 2020
- “Divorce Lawyers Reveal 84 Of The Weirdest Reasons Their Clients Decided To End Their Marriage,” Bored Panda, May 22, 2020
- “A Guidebook for Maintaining Well-being During a Pandemic,” Thrive Global, April 9, 2020
- "First Comes U-Haul, Then Comes Court: The Shockingly High Lesbian Divorce Rate," GoMag, February 19, 2020
- “Remember to Act Like a Good Parent: The Ethical Limits to Preparing a Client for Forensic Examination” - Family News & Views, April 2018
- Q&A: Litigating a Divorce, Westchester Magazine, May 14, 2018
- Report: Woman alleges Bartolo Colon fathered 2 children with her, ESPN.com, May 19, 2016
- Homeless Family Fighting for Custody of Kids, Yahoo! Parenting, October 21, 2015
- Couple’s Rent Pact for Grown Children Found Unenforceable, New York Law Journal, October 20, 2015
- A.H. v. G.H., Supreme Court, Kings County, 201
- For Mets’ Bartolo Colon, 107 Pitches, No Homer, and a Loss, New York Times, May 18, 2016
- Bartolo Colon’s Double Life with Secret Family, New York Post, May 18, 2016
- Mets’ Bartolo Colon and his baby mama reach deal in child support battle, New York Daily News, June 17, 2016
- Mets pitcher Bartolo Colon sued for child support in secret family case, LA Times, May 18, 2016
- Court nixes contract: Dad can stop paying for kids’ expenses, Money Talks News, October 26, 2015
Admitted to Practice
- New York
Frequently Asked Questions
Why do pro athletes need a New York family attorney?
When making the leap from high school or college to the pros, an athlete must be prepared for the life changes that come along with it. Significant income combined with frequent travel requires knowledgeable l professionals in your corner. A family law attorney is one of those professionals especially prior to marriage, during the marriage, or in the event of a divorce. One of the most important assets an athlete has is the brand that the athlete creates with success over time. This means that turmoil in your personal life can affect your professional life. An experienced family law attorney can help ensure your family law matters are handled out of the spotlight and with a focus on protecting and maximizing an athlete’s assets and accumulated wealth.
My client is a professional athlete. Should they sign a prenup?
Absolutely. Prenuptial agreements are the strongest way to protect oneself and one’s assets in the event of a divorce. Because athletes tend to have careers and high earnings and accumulated wealth in their 20’s and also end early, they can be dealing with a great deal of money at a young age. Having a prenuptial agreement before getting married is an absolute necessity.. In addition to ensuring an athlete holds on to their separate assets in the event of a divorce, a prenup can also financially protect income, assets, business ventures, and endorsement and marketing income earned by an athlete outside of the athlete’s playing contract.
What are the challenges of divorce for an athlete and sports personality?
Athletes have complex and various streams of income, with upfront guaranteed money and other bonuses and money deferred, incentive-based, or non-guaranteed. They also have a public face, or brand, that must be maintained. All of this means a marital split should be handled with professionalism, privacy, discretion, and financial acumen. Our attorneys work with sports agents, financial advisors, other attorneys, and financial experts to ensure assets are protected during a divorce and property division, advocate for you during matters of child custody and support, and help to keep your divorce out of the public eye.
What kind of cases does your NYC family law sports practice handle?
Our family law attorneys provide a host of services to professional athletes and their representatives, including the following: