How Is Property Divided in a Virginia Divorce?

 Posted on July 30, 2025 in Family Law

Going through a divorce is never easy, and dividing property makes it even more challenging. In Virginia, the law follows a system called equitable distribution. This means the court aims to divide marital property fairly. What is fair depends on many factors, including each spouse’s contributions, debts, and needs. Understanding how property is divided can help you set realistic expectations for your divorce. For help protecting your interests, speak with an experienced Lincolnia, VA divorce attorney.

How Does Equitable Distribution Work in Virginia?

The equitable distribution process, outlined in Virginia Code § 20-107.3, starts by identifying which assets are marital and which are separate. Marital property includes most assets and debts acquired during the marriage. They can be in either spouse’s name. This can include income, retirement accounts, cars, and real estate purchased during the marriage. Once the classification is made, the court considers several factors to divide marital assets fairly. These factors can include:

• The length of the marriage

• Each spouse’s financial and non-financial contributions

• The age and health of both parties

• Any decisions about children or support

Fairness does not always mean a 50/50 split. For example, if one spouse stayed home to raise the kids while the other worked, the court may decide that the stay-at-home spouse deserves a larger share of certain assets. The court may also address wasteful spending, such as money spent on an affair, when deciding how to divide property.

Can Separate Property Become Marital Property in Virginia?

Separate property includes things like gifts or inheritances received by one spouse, or property owned before the marriage. These things can become marital property if they are mixed or "commingled" with marital assets. Once those assets are mixed with marital property, they may lose their separate status and be subject to division in a divorce.

For example, under Virginia Code § 20-107.3(A)(3)(d), if one spouse receives an inheritance and deposits it into a joint bank account, it may be considered marital property unless clear records prove it was kept separate. The same can happen if a spouse uses personal funds to improve a jointly owned home. Over time, the court may treat the entire asset as marital if the original separate portion cannot be clearly traced. Maintaining detailed records and avoiding the mixing of separate and marital funds is important when trying to keep assets separate during a divorce.

How Is the Family Home Divided in a Virginia Divorce?

The family home is often one of the most valuable and emotionally significant assets in a divorce. If the home is considered marital property, which it typically is, the court must decide how it will be divided. One common solution is to sell the house and split the proceeds. In other cases, one spouse may keep the home and pay the other for their share of the equity.

The court may also consider which spouse has primary custody of the children when making decisions about the home. Providing stability for the children may be a priority, and the parent who remains in the home with them might receive it as part of the equitable division.

Contact a Tysons, VA Divorce Attorney Today

Property division in a Virginia divorce can involve complicated legal and financial decisions. The Lincolnia, VA divorce lawyers at Salvado Law Offices are prepared to guide you through the process with care and determination. Founded 25 years ago, our firm was built to provide results‑driven legal representation tailored to each client’s needs.

Attorney Carlos Salvado, a frequent guest on Agendo Radio, is a passionate advocate and commentator for the Hispanic and immigrant communities, responding to questions about local and national issues affecting Latin Americans and immigrants. To best serve our clients, we offer bilingual services in English and Spanish. Call us today at 703-379-9446 for a consultation.