When you or your spouse files for legal separation or divorce, you can agree on the division of marital property and separate property. New York is an equitable distribution state, which means that property must be divided as fairly as possible in a divorce.Learn which property gets divided in a New York divorce, and how judges decide on a fair distribution of a couple's assets and debts. A property settlement agreement becomes a legally binding part of the final judgment when your marriage is officially dissolved. A separation agreement is a written contract between you and your spouse that outlines the rights and responsibilities of each spouse while living apart. Depending on where you live, there are two ways in which the court will determine how property, assets, and debts are divided.