Equitable distribution laws are much more common than community property laws. Divorce courts divide property by what the court considers to be fair and reasonable. In some states, it may be possible for you and your spouse to negotiate property division and get court approval.
Equitable distribution takes into account various factors impacting the fairness of the division. The property distribution factors that are considered and given the most thought vary from state to state. The factors may even vary among courtrooms within a state.