Property Division Lawyer in Virginia Beach

Ensuring Your Marital Property Is Divided Fairly

In Virginia, a court divides all property acquired during a marriage based on what a judge considers to be equitable. This process is known as equitable distribution and does not have to be a 50/50 split; in fact, both parties have ample opportunity to agree on how they would like to divide the property. However, if they cannot reach an agreement, a judge will decide for them.

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At The Law Offices of Daniel J. Miller, our attorney can help you reach an agreement with your spouse on the division of your property. If an agreement isn’t feasible, we will work with the court to ensure your best interests are protected during the process.

Factors of Property Division

Any property purchased during the marriage, with funds earned during the marriage or funds shared by both parties, is known as community property. Community property often includes:

A judge determines how to divide community property based on a few factors, including:

• income level of each spouse;
• if either spouse owes alimony to a previous spouse;
• length of the marriage;
• age and health of each spouse;
• whether each spouse has a pension or retirement benefits;
• whether each spouse can independently support themselves;
• any tax consequences resulting from the property division; and/or
• other relevant factors.

A court may also consider any bad behavior displayed by either spouse. For example, if one spouse had an affair or abused the other, the court may award the aggrieved party more property. Additionally, the court may increase the property share of one spouse if the other was reckless with marital funds (repeatedly crashed vehicles, spent marital funds on an affair, etc.).