Stipulation of Settlement

In a New York divorce, parties often choose to offset assets in a stipulation of settlement rather than dividing every asset in certain situations. Offsetting assets means one spouse keeps a particular asset—such as the marital home, a business interest, or a retirement account—while the other spouse receives assets of comparable value. This approach can simplify the settlement process and avoid the need to sell or liquidate property that has emotional, tax, or practical significance.

Many people prefer offsetting because it allows them to maintain stability, especially when children are involved and the goal is to keep the marital residence intact. From a strategic standpoint, offsetting assets gives the parties greater control over how and when assets are used or transferred. When properly valued and clearly set forth in a stipulation of settlement, offsetting can lead to faster resolutions and fewer post-divorce disputes.