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How does equitable property division work in a Virginia divorce?

On Behalf of | Sep 2, 2022 | Divorce

If you cannot agree with your spouse on a fair way of dividing your marital property, state laws will determine how things will go. A Virginia family law judge will preside over the property division process, where the marital assets will be divided equitably.

Equitable division does not mean you will end up with equal portions after splitting the assets between you and your spouse. The court will factor in some aspects of your divorce. Depending on the circumstances, either spouse may end up with more than the other. Here is what you should know.

What factors are considered?

In Virginia, the court will take into account several things about your marriage when dividing the marital estates. For instance, each spouse’s contribution in acquiring marital assets, both monetary and non-monetary, will determine their share.

Other factors that may weigh in under state laws include:

  • The spouse’s age and physical condition
  • The duration of the marriage
  • The tax consequences of a property
  • The debts of each spouse
  • Whether either spouse misappropriated marital assets in anticipation of the divorce
  • Any other factors that should be considered in the interests of fairness

Given the many variables that may be present in your case, it may not be easy to ascertain exactly what you will end up with. However, understanding how the law works can help you make sense of everything.

Protecting your legal rights in a divorce

A lot happens during property division in a divorce, and you could lose out if you are not careful. Issues may arise. Knowing what you need to do and the pitfalls to steer clear of during the divorce process here in Ashburn or the surrounding area can help protect your interests and ensure you end up with what you deserve.