PMJF Blog

Equitable Distribution

The division of marital property by the court is referred to as “equitable distribution.  Equitable distribution is generally governed by statute.  Virginia Code § 107.3 sets forth the following factors as those to be considered by the court when deciding upon the division of marital property:

1. The contributions, monetary and nonmonetary, of each party to the well-being of the family;

2. The contributions, monetary and nonmonetary, of each party in the acquisition and care and maintenance of such marital property of the parties;

3. The duration of the marriage;

4. The ages and physical and mental condition of the parties;

5. The circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce under the provisions of subdivisions (1), (3) or (6) of § 20-91 or § 20-95;

6. How and when specific items of such marital property were acquired;

7. The debts and liabilities of each spouse, the basis for such debts and liabilities, and the property which may serve as security for such debts and liabilities;

8. The liquid or nonliquid character of all marital property;

9. The tax consequences to each party;

10. The use or expenditure of marital property by either of the parties for a nonmarital separate purpose or the dissipation of such funds, when such was done in anticipation of divorce or separation or after the last separation of the parties; and

11. Such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award.

There are a number of other considerations that also apply to marital distribution.  One of the trickiest is often the determination of what is and what is not “marital property” to begin with.  It is of utmost importance that you obtain the assistance of an experienced family law attorney if you must go through the equitable distribution process in Virginia.  Our attorneys have the experience and knowledge to ensure that your rights and needs are looked after as a part of such proceedings.

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