Virginia Divorce Property Division

What the Law Says

Virginia courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

Virginia uses a three-classification system for property (separate, marital, and hybrid) and makes an equitable-distribution monetary award as to marital property under Va. Code §20-107.3, weighing eleven statutory factors (§20-107.3(E)(1)-(11)). Contrary to a common misconception, the statute expressly directs the court to consider fault: factor (E)(5) weighs the circumstances that contributed to the dissolution of the marriage, specifically including grounds such as adultery, felony conviction, and cruelty (§20-91(A)(1)/(3)/(6) and §20-95). A pension or retirement award is capped at 50% of the marital share of the benefits actually received (§20-107.3(G)(1)). There is no presumption of equal division.

Division Factors (Va. Code §20-107.3)

What Virginia courts weigh:

1. Contributions, monetary and nonmonetary, of each party to the well-being of the family (Va. Code §20-107.3(E)(1))
2. Contributions, monetary and nonmonetary, of each party in the acquisition and care and maintenance of the marital property (§20-107.3(E)(2))
3. Duration of the marriage (§20-107.3(E)(3))
4. Ages and physical and mental condition of the parties (§20-107.3(E)(4))
5. Circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce under §20-91(A)(1), (3) or (6) or §20-95 (§20-107.3(E)(5))
6. How and when specific items of marital property were acquired (§20-107.3(E)(6))
7. Debts and liabilities of each spouse, the basis for such debts and liabilities, and the property which may serve as security for them (§20-107.3(E)(7))
8. Liquid or nonliquid character of all marital property (§20-107.3(E)(8))
9. Tax consequences to each party (§20-107.3(E)(9))
10. Use or expenditure of marital property by either party for a nonmarital separate purpose, or dissipation of such funds, when done in anticipation of divorce or separation or after the last separation (§20-107.3(E)(10))
11. Such other factors as the court deems necessary or appropriate to arrive at a fair and equitable monetary award (§20-107.3(E)(11))

Common Questions