Virginia Divorce and Marital Property Division
Statutory Framework
- 20-107.3, Virginia Code:
- Virginia follows the equitable distribution model, which defines marital property as jointly owned property or any property acquired during the marriage that is not separate. Separate property includes inheritances, gifts, and property acquired before marriage.
- Case Law
- Dietz v. Dietz (2003):
- Clarified that separate property can become marital property if it is commingled and loses its separate identity.
- Robbins v. Robbins (2010):
- Discussed the valuation and division of business interests, emphasizing the role of each spouse in the business’s growth during the marriage.
- Dietz v. Dietz (2003):
- Evaluation of Different Assets
- Retirement Accounts:Divided based on the period of marriage contributions.
- Real Estate:Considered marital if purchased during the marriage; division takes into account financial and non-financial contributions.
- Business Interests:Valued based on contributions to growth during the marriage, considering both financial investment and operational involvement.
- Personal Property:Distributed based on acquisition, use, and contribution, with considerations for sentimental value.
- Gifts: Typically remain separate unless clearly used for joint purposes, in which case they may be included in marital property.
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Frequently Asked Questions
What is the statutory framework for marital asset division in Virginia?
Virginia follows an equitable distribution model under Virginia Code § 20-107.3, where marital property—defined as jointly owned assets or those acquired during the marriage—is divided fairly but not necessarily equally. Separate property, such as inheritances, gifts, or pre-marital assets, is generally excluded from division.
How does Virginia distinguish between marital and separate property?
Marital property includes assets acquired during the marriage, while separate property encompasses items like inheritances, gifts to one spouse, or property owned before marriage. However, separate property can become marital if commingled (e.g., depositing inheritance into a joint account) and loses its distinct identity, as clarified in case law.
What role has case law like Dietz v. Dietz played in Virginia asset division?
In Dietz v. Dietz (2003), the Virginia Supreme Court ruled that separate property may be reclassified as marital if it is sufficiently commingled during the marriage, emphasizing the need to trace its origins to maintain separate status and guiding courts in complex asset classifications.
How are specific assets like retirement accounts, real estate, and business interests divided in Virginia?
Retirement accounts are divided based on contributions made during the marriage; real estate purchased during the marriage is considered marital, with division factoring in both financial and non-financial contributions; business interests are valued by assessing each spouse’s role in its growth, including investments and operational efforts, as highlighted in Robbins v. Robbins (2010).
Are there any recent updates to Virginia's marital asset division laws as of 2025?
Effective July 1, 2025, spouses can file for a bed and board (legal separation) divorce immediately upon separation under revised § 20-95, allowing earlier court intervention for property division. Additionally, appeal timelines for court-ordered property sales during divorce are now standardized to 30 days under § 20-107.3 updates, promoting timely resolutions.