Property Division FAQs

The nature of the divorce will drive who essentially controls property division. In some circumstances the couple may make many or all asset decisions themselves, others find that the use of legal counsel and mediation are in their best interests. Other cases require the court to decide how property will be divided based on numerous factors.

While Virginia strives for equitable distribution of marital property, this does not mean all property is divided 50-50 between the divorcing couple. The court will take into account:

• The contributions, monetary and non-monetary, of each party to the well-being of the family;
• The contributions, monetary and non-monetary, of each party in the acquisition and care and maintenance of such marital property of the parties;
• The duration of the marriage;
• The ages and physical and mental condition of the parties;
• The circumstances and factors which contributed to the dissolution of the marriage;
• How and when specific items of such marital property were acquired;
• The debts and liabilities of each spouse, the basis for such debts and liabilities, and the property which may serve as security for such debts and liabilities;
• The liquid or non-liquid character of all marital property;
• The tax consequences to each party; and
• The use or expenditure of marital property by either of the parties for a non-marital separate purpose or the dissipation of such funds, when such was done in anticipation of divorce or separation or after the last separation of the parties.

Tax issues and debt will also play a part in property division.

The Commonwealth of Virginia has instituted laws that require courts to equitably divide marital assets in a divorce. Property that is part of equitable distribution can range from large to small, and everything in between (including the kitchen sink).

Virginia classifies property into three categories: marital, separate, and hybrid. As part of the property division all assets from each category will be listed, given an approximate value and properly designated. Items such as kitchenware, tools, jewelry, electronics, cars, homes, real estate and businesses may be divided between a couple. Financial assets such as investments, retirement accounts and even debt will also play a role in the division of property.