September 18, 2025Author: Grant Moher, Esq.
September 18, 2025Author: Grant Moher, Esq.
In this episode of Attorneys Dedicated to Family Law, Curran Moher Weis attorney Jenna M. Haba takes a closer look at one of the most complex and contested aspects of divorce in Virginia: the division of property. With years of experience guiding clients through financial disputes, Haba explains the different types of property recognized under Virginia law, the process of equitable distribution, and the steps families can take to protect their financial interests during divorce.
Haba begins by breaking down the three categories of property in divorce cases—marital, separate, and hybrid property—and explains how each is treated under the law. She highlights how factors like ownership title, financial contributions, and the use of assets such as the family home can complicate the division process.
A key focus of the discussion is equitable distribution, the standard applied in Virginia courts. Haba notes that “equitable” does not always mean equal. Courts weigh multiple factors—such as the duration of the marriage, contributions of each spouse, and financial or non-financial efforts—to determine what division is fair.
Beyond homes and personal property, Haba emphasizes the particular complexity of dividing retirement accounts and pensions. These assets often require careful valuation, court orders, and long-term planning to ensure both spouses receive their fair share.
Throughout the conversation, Haba stresses the importance of proactive planning and early legal guidance. She explains that negotiating an agreement outside of court can give families more control over the outcome and avoid the uncertainty and cost of litigation.
Dividing marital assets is often one of the most contentious aspects of divorce. From identifying what is marital property to valuing complex accounts, small mistakes can have long-lasting financial consequences.
While courts are equipped to divide assets, Haba encourages families to consider negotiation whenever possible. Negotiated agreements not only reduce stress and expense but also provide spouses with greater influence over the division of their property.
Haba concludes with practical advice for individuals preparing for divorce:
Understand the categories of property — marital, separate, and hybrid.
Stay organized — maintain records of contributions, ownership, and financial accounts.
Seek early legal counsel — planning with an attorney from the start helps protect your interests.
Consider negotiation — reaching an agreement outside of court often leads to more tailored and satisfactory outcomes.
🎧 Attorneys Dedicated to Family Law is the podcast from Curran Moher Weis, featuring insights from their experienced legal team on the most pressing family law issues in Virginia. In this episode, Jenna M. Haba, Esq., helps listeners better understand the complexities of property division and how to safeguard their financial future during divorce.
