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Virginia VA AI draft

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Distribution Type
Equitable Distribution
Division Standard
Equitable — judge decides
Income Adjustment
Equitable

Methodology

Equitable distribution

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

The following factors are commonly evaluated under Virginia law:

  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))

Statute / Authority

Citation: Va. Code §20-107.3 ↗

Source: https://law.lis.virginia.gov/vacode/

Source & verification AI draft
Citation
Va. Code §20-107.3
Source URL
https://law.lis.virginia.gov/vacode/
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Reference Library

Virginia Property Division

Virginia Code §20-107.3 establishes a detailed equitable-distribution framework with three property classifications: separate property (not divisible), marital property (subject to an equitable monetary award), and hybrid property with both components. Courts weigh eleven statutory factors — the parties' monetary and nonmonetary contributions to the family and to the marital property; the duration of the marriage; the parties' ages and physical and mental condition; the circumstances that contributed to the dissolution, specifically including fault grounds such as adultery, felony, and cruelty (factor (E)(5)); how and when property was acquired; debts and their security; the liquidity of the property; tax consequences; and any dissipation or non-marital use of marital property. Contrary to a common misconception, Virginia expressly permits consideration of fault in dividing property; pension awards are capped at 50% of the marital share of benefits actually received.

Citation: Va. Code §20-107.3

Source: https://law.lis.virginia.gov/vacode/

Last updated: 2026-07-23T00:37:19.843737

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