In New York, in lieu of equitable distribution, a distributive award may be made to achieve equity and may include exclusive use and occupancy of the marital home. True or false?

• A. True
• B. False
• C. Not applicable
• D. Depends on the court

Answer: (A)

New York law allows a distributive award to achieve equity in divorce, meaning the court can tailor remedies beyond a simple equalization of assets. This award can take various forms, including money, property transfers, or other arrangements designed to balance fairness between the spouses. Importantly, the award may grant exclusive use and occupancy of the marital home to one spouse, with terms that may require mortgage payments, taxes, and insurance to be handled by that spouse or compensated elsewhere. This tool helps address disparities in contributions or needs and can promote stability for any children involved by ensuring a secure living arrangement. Therefore, this statement is true.