How Does Virginia Really Divide Property, Assets, and Debt in a Divorce?
Paid for it yourself? Your name is the only one on it? In Virginia, that may not be enough to keep it.
Attorney Shameka L. Rhoades of Trustice Law Group explains how Virginia actually divides money, property, debt, retirement accounts, and spousal support in a divorce. In this segment from ABC News Showcase, Shameka covers:
- Why whose name is on property does not always determine who keeps it
- The difference between marital property and separate property in Virginia
- How debt is divided in a Virginia divorce
- How retirement accounts are handled when a marriage ends
- Who qualifies for spousal support and how it is calculated
Watch the full segment below:
Whose Name Is on It Does Not Always Matter
Virginia follows equitable distribution. That does not mean everything is split equally. It means the court divides marital property based on what it determines to be fair. A home purchased during the marriage, even if only one spouse’s name is on the mortgage, is marital property subject to division.
Marital Property Versus Separate Property
Virginia law starts from a clear presumption: if something was purchased during the marriage, it is marital property. Separate property, things owned before the marriage or received as gifts or inheritances and kept separate, generally stays with the spouse who owns it.
How Debt Is Divided
If debt was incurred during the marriage for the benefit of the marriage, it is marital debt. The general rule is that debt accumulated during the marriage belongs to the marriage.
How Retirement Accounts Are Handled
Contributions made from the date of the marriage until the date of separation are the marital portion. This creates a hybrid account, part marital and part separate, and the calculation requires documentation of account values at the time of the marriage.
Who Qualifies for Spousal Support in Virginia
Spousal support is determined by a set of factors Virginia courts apply to each case. Courts look at whether one spouse stayed home to raise children or support the other’s career, whether one spouse paid for the other’s education, and what each spouse’s earning capacity looks like going forward.
Trustice Law Group: Virginia Divorce Attorneys Who Protect What You Have Built
At Trustice Law Group, we help clients across Virginia understand their rights, protect their assets, and approach property division with clear legal guidance. We are a female-owned Virginia family law firm.
Real Law. Real Talk. Real Options.
Request a consultation or call us at 804-593-0788.
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FAQs
Does it matter whose name is on property in a Virginia divorce?
Not necessarily. If property was purchased during the marriage, it is generally considered marital property subject to division regardless of whose name appears on the title or mortgage.
What is equitable distribution in Virginia?
Equitable distribution means the court divides marital property fairly based on specific factors, not necessarily equally.
Who qualifies for spousal support in Virginia?
Courts evaluate factors including each spouse’s earning capacity, contributions to the family, whether one spouse stayed home for children or to support the other’s career, and the length of the marriage.