Property Division in Virginia Divorce: Virginia Equitable Distribution Explained
One of the most stressful aspects of getting a divorce in Virginia is dividing up the property you’ve built or acquired during the marriage. From your home and cars to retirement accounts and even debt, everything is on the table.
In Virginia, courts follow the legal principle of equitable distribution. Our Virginia divorce attorney explains what you need to know regarding equitable distribution in Virginia and how we can help you.
How Property Division Works in a Virginia Divorce
Virginia follows the rule of equitable distribution when it comes to dividing assets in a Virginia divorce. This means the court aims to divide marital property fairly, though not necessarily equally. Before that can happen, all assets and debts must be identified, classified, and valued.
Under the Virginia Code, property gets divided into three categories: marital, separate, and mixed. Marital property includes assets earned or acquired during the marriage, while separate property includes those one spouse owned before the couple wed or received by inheritance or gift. Mixed property involves a combination, such as a business or retirement account.
Once assets and debts are classified, the Virginia Family Court evaluates what’s fair by considering a range of factors, such as:
- The length of the marriage;
- Contributions (financial and non-financial) of each spouse;
- The age, physical/mental health of each spouse, and their financial circumstances;
- How and when assets or debts were acquired;
- Any misuse or dissipation of marital assets, including for things like affairs.
Keep in mind that equitable does not mean equal. In some cases, one party may receive a larger share if there’s evidence of financial wrongdoing or marital misconduct.
Protecting Your Financial Future in Virginia Divorce Proceedings
Dividing property fairly in divorce proceedings held through the Virginia Family Court requires more than just listing assets. It involves negotiation, documentation, and a strong legal strategy.
At Schwartz Kalina, PLLC, we work closely with clients to ensure all marital assets are accounted for and valued properly. Here’s how we can help:
- Identify hidden or undervalued assets, including business interests or pensions.
- Trace separate property claims and prevent unfair distributions.
- Negotiate fair settlement agreements outside of court.
- Litigate in court when necessary to protect your financial interests.
- Ensure debts are divided fairly and protect you from liability for your spouse’s obligations.
Equitable distribution can be complex, especially when property is commingled or a spouse has taken steps to shield assets. Our legal team helps ensure you get your fair share.
Contact Our Virginia Divorce Attorney To Schedule A Consultation Today
If you’re going through a divorce in Virginia, don’t risk your financial future by navigating property division alone. At Schwartz Kalina, PLLC, we provide the professional and experienced legal representation you need to get your fair share of assets.
To learn how Virginia’s equitable distribution laws apply to your particular case, give our office a call or contact us online. Schedule a consultation today with our Virginia family attorneys.
Sources:
law.lis.virginia.gov/vacode/title20/chapter6/section20-107.3/
loudoun.gov/97/Circuit-Court
