Virginia Marital Property Division Lawyer | Fairfax VA Divorce Law Attorney

Skillfully Dividing Marital Property

Marriage is a partnership, and like other partnerships, it generally has a financial dimension. When a marriage has run its course, the financial aspects of the marriage must be untangled.

At Michael A. Ward, P.C., Attorney at Law, I offer clients experienced counsel and representation in marital property division matters, whether they are resolved in court or in negotiations. Contact me at my Northern Virginia office in Fairfax or my Lynchburg area office in Forest to discuss your divorce goals.

Guiding You Through Each Stage

The property division process in a Virginia divorce is best understood in terms of three separate stages:

Classification: Since only marital property is subject to division, it is important to determine which property is marital property. Property that was owned before the marriage or inherited during the marriage is not generally considered marital property. However, if the other spouse added to or maintained the value of that property, it may be integrated into the marital property assets.
Valuation: Determining the monetary value of all of the marital property — including income-generating property such as investments and rental real estate — is crucial to a fair outcome. Since it is usually impractical to split each and every asset down the middle, tradeoffs need to be based on accurate valuation.
Distribution: If you and your spouse are unable to agree on a property division settlement, the court will take into account each spouse's financial and nonmonetary contributions to the marriage partnership. It will also take each spouse's contributions into account when deciding which assets will belong to which spouse. Spousal support may also be granted in light of the overall property division, especially if income-generating property is involved.

Throughout all three of these stages, you need skilled counsel from an experienced Virginia divorce lawyer. Contact me to get knowledgeable assistance with your property division case.

Understanding Equitable Distribution

As opposed to some other states that divide property under a system called "community property," Virginia divorce law relies on the legal principle of "equitable distribution." Equitable does not mean equal; it means what is fair under the circumstances.

Generally, if the court has to determine the property division, the length of the marriage will be an important factor, with a roughly fifty-fifty split being more likely in the case of a longer-term marriage. However, this is not always the case.