Quick answer: Virginia is an equitable distribution state with a distinctive mechanism: under Va. Code § 20-107.3 the court first classifies each item as separate, marital or part separate and part marital, and then, based on the equities and eleven factors, it may divide or transfer jointly owned marital property and grant a monetary award to either party, payable in a lump sum or over time. It has no authority to divide or transfer separate property or marital property that is not jointly owned, although the monetary award can equalize. Separate property is property acquired before the marriage, by gift or inheritance from a source other than the spouse, or in exchange for separate property; income and growth stay separate unless the other spouse’s or marital effort or funds contributed (the owner’s personal effort must be significant and result in substantial appreciation). Marital property is everything titled in both names and all other property acquired during the marriage and before the last separation that is not separate, including the marital share of retirement plans, and it is presumed marital. Commingling can transmute property, and retitling separate property jointly makes it marital unless it can be traced and was not a gift. There is no 50-50 rule. Pensions are divided by a percentage of the marital share, not more than 50% of the cash benefits actually received. The monetary award is decided without regard to support.
What the Virginia statute says
- Classify first. Separate, marital and hybrid property, with burdens of proof on appreciation.
- Divide only jointly owned marital property, and use a monetary award to equalize.
- Eleven factors, including dissipation and the circumstances that contributed to the dissolution.
How the calculator works
You enter the marital property and debts each spouse holds and each spouse’s separate property, which is left out of the division. The calculator adds up the net marital estate, starts at an equal share and shows the monetary award between the spouses; you can move the slider to test another division. The reasoning is in equitable distribution and the monetary award, marital, separate and hybrid property and the eleven factors and retirement benefits.
Property and spousal support
The monetary award is set without regard to support, and the property provisions are a support factor. See the Virginia alimony calculator.
Property division across Virginia
The statute applies in every circuit court that hears divorces, from Virginia Beach, Richmond, Norfolk, Chesapeake, Arlington or Alexandria.
Frequently asked questions
Is Virginia a community property state?
No. Virginia uses equitable distribution under Va. Code 20-107.3, with a monetary award.
Does Virginia split property 50/50 in a divorce?
Not by rule. The court divides jointly owned marital property and grants a monetary award on eleven factors.
Is an inheritance divided in a Virginia divorce?
No. Property acquired by gift or inheritance from a source other than the spouse is separate, and the court cannot divide or transfer it.
What is a monetary award in Virginia?
A payment, in a lump sum or over time, that the court may order from one spouse to the other on the equities and the statutory factors; it can be satisfied by conveying property.
Does fault matter in Virginia property division?
The circumstances that contributed to the dissolution, including certain grounds for divorce, are one of the eleven factors, along with dissipation.