The Eleven Factors and Retirement Benefits in Virginia

Virginia courts weigh eleven factors, including contributions, the length of the marriage, the circumstances that contributed to the dissolution, taxes and dissipation, and may divide the marital share of a pension by a percentage capped at 50% of the cash benefits actually received.

The eleven factors

The amount of any division or transfer of jointly owned marital property, any monetary award, the apportionment of marital debts and the method of payment are determined after considering (Va. Code 20-107.3(E)):

Factor
1The monetary and nonmonetary contributions of each party to the well-being of the family
2The contributions of each party in the acquisition and care and maintenance of the marital property
3The duration of the marriage
4The ages and physical and mental condition of the parties
5The circumstances and factors which contributed to the dissolution of the marriage, including certain grounds for divorce
6How and when specific items of marital property were acquired
7The debts and liabilities of each spouse, their basis and the property that may secure them
8The liquid or nonliquid character of all marital property
9The tax consequences to each party
10The use or expenditure of marital property for a nonmarital purpose, or its dissipation, in anticipation of or after separation
11Such other factors as are necessary for a fair and equitable monetary award

Retirement benefits

The court may direct payment of a percentage of the marital share of a pension, profit-sharing or deferred compensation plan or retirement benefit, vested or not, as the benefits are payable; no payment can exceed 50% of the marital share of the cash benefits actually received by the party against whom the award is made. The marital share is the part earned during the marriage and before the last separation (20-107.3(G)).

Survivor benefits

To the extent federal law allows, the court may order a party to designate a spouse or former spouse as irrevocable beneficiary of all or part of a survivor benefit or annuity plan, and decides who bears its cost.

Dissipation

Factor 10 lets the court weigh marital property used for a nonmarital purpose or dissipated in anticipation of divorce or after separation; gather statements and records of unusual spending or transfers.

Premarital agreements

Agreements between spouses before the marriage are recognized and enforceable, and an agreement can be incorporated into the decree (20-107.3(I)).

Questions to bring to an attorney

Ask which factors fit your facts, how a pension would be divided and how a dissipation claim would be proved.

Next steps

Ask a licensed Virginia attorney which factors fit your facts and test an award in the Virginia property division calculator.

Frequently asked questions

How many factors does Virginia use for property division?

Eleven, in Va. Code 20-107.3(E).

Can Virginia divide a pension in a divorce?

Yes, a percentage of the marital share as benefits are paid, not more than 50% of the marital share of the cash benefits actually received.

Does Virginia consider dissipation of assets?

Yes. Use of marital property for a nonmarital purpose or dissipation in anticipation of divorce or after separation is a factor.

Does fault matter for Virginia property division?

The circumstances that contributed to the dissolution, including certain grounds for divorce, are one factor among eleven.

Are premarital agreements enforceable in Virginia?

Yes. Agreements between spouses before the marriage are recognized and enforceable.

Official sources

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This is general information, not legal advice. It is based on the cited Virginia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Virginia attorney.