Equitable distribution can be resolved either by agreement of the parties or by a Judge. If you come to an agreement that was fairly negotiated, both parties are aware of the financial circumstances of the other and the agreement is not unconscionable, it will likely be upheld. Domestic Relations Law 236B lists the factors that courts will use in determining equitable distribution. As long as your agreement takes these factors into account you can work out any arrangement that is mutually agreeable. In your situation, it is advised that you consult with a local attorney, particularly if she is agreeing to give you 90% of the property. Most people divide 50-50 so there should be a good reason for the unequal distribution.
Yes the parties can agree however beware the judge can find the agreement inequitable or unconscionable, you must be prepared to give a reason for the unbalanced agreement.
IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about. Remember that it is the Lawyer who: Punishes the wicked, Protects the innocent, Raises up the lowly, Opposes brutality and injustice, Seeks equality of humanity regardless of color, cast, sex or religion, Leads in every cause, and Seeks the best in everything.
Yes, one spouse may agree to give the other spouse a greater - even much greater - percentage of the marital assets. For a full assessment, schedule a consultation with a NYC Divorce attorney.
* If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.