Fair or Equal? How Virginia Courts Divide Property in Divorce
When couples in Virginia divorce, one of the most common—and misunderstood—questions is:
“Do we split everything 50/50?”
The answer? Not necessarily.
In Virginia, property is divided according to the principle of equitable distribution, which focuses on fairness, not mathematical equality. For some couples, that might mean an even split; for others, it could look very different depending on circumstances.
At the Law Office of Li-Shann Durst, PLLC, we help clients understand what “fair” means under the law and guide them through the process of dividing assets with clarity and dignity.
The Concept of Equitable Distribution
Equitable distribution doesn’t mean identical halves—it means an outcome that’s fair in light of each spouse’s contributions and needs.
Under Virginia Code § 20-107.3, courts classify property into three categories:
Marital Property: Acquired during the marriage and subject to division.
Separate Property: Belongs to one spouse only (gifts, inheritances, pre-marital assets).
Part Marital/Part Separate Property: A mix—common with homes or retirement accounts contributed to both before and during marriage.
What Judges Consider When Dividing Property
Virginia judges weigh numerous factors, such as:
Each spouse’s monetary and non-monetary contributions
The length of the marriage
Circumstances leading to the dissolution of the marriage
Debts and liabilities
Tax consequences
Whether either spouse misused or wasted assets
It’s a holistic analysis—not a simple formula.
Common Property Division Misunderstandings
Many clients come in thinking:
“Everything will be split 50/50.”
“The house automatically goes to whoever paid the mortgage.”
“If I earned it, I keep it.”
But equitable distribution often tells a different story. Non-financial contributions—like child-rearing or supporting a spouse’s career—carry significant weight in Virginia courts.
Avoiding Mistakes During Property Division
A few missteps can make the process harder:
Hiding assets or withholding documents
Letting emotion drive financial decisions
Failing to consider long-term tax implications
An attorney can help ensure your financial disclosures are complete, your interests are protected, and your settlement positions are realistic under Virginia law.
How Mediation and Negotiation Can Help
Most property division cases don’t have to go to trial. Through negotiation, mediation, or collaborative law, couples can often agree on terms that courts will approve.
This approach not only saves time and money but also allows both parties to maintain more control over the outcome.
Ready to Understand What’s Fair in Your Divorce?
If you’re facing property division questions in your Virginia divorce, you don’t have to navigate them alone.
📞 Contact the Law Office of Li-Shann Durst at (703) 443-4762 or schedule a confidential consultation to learn how equitable distribution applies to your situation.
We help clients in Ashburn, Loudoun, and Fairfax County protect what matters most while moving forward with confidence.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Every case is unique. Please consult an attorney for advice specific to your situation.