Division of Property
Virginia is an equitable division state. This means that in a divorce proceeding, all the marital assets and property of the parties should be divided fairly at the court’s discretion. As each divorce case is unique, the spouses may receive either equal or different shares of the property.
When dividing the property, the judge pays attention to the following circumstances:
- Each spouse's income, debts, liabilities, earning capacity
- Each spouse's age, health
- The length of the marriage
- Whether either party is financially self-sufficient
- Each spouse's age and health
- Tax consequences of dividing the property, and any other factors which may seem relevant to the court
In Virginia, typically, only the common property acquired during the marriage is subject to division. Property owned by each spouse prior to the marriage, as well as personal gifts and inheritances received before or during the marriage, will remain with the initial owner.