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What factors help a court divide marital property in Virginia?


Virginia couples who are going through a divorce usually have a lot of questions. They may be unsure about many of the topics that come up during the process, including alimony, child custody and child support. Another area they may have questions about is property division because they may not understand what criteria a Virginia court uses when determining what is marital property. So, exactly what factors does a Virginia court take into account when considering marital property?

One of the first factors that a Virginia court considers is exactly how much each party contributed to the well-being of the family. For this area, the court will look into both the monetary and non-monetary contributions. This means that while a spouse's financial involvement in the family is important, it is not the only contributing factor. Rather, the court will also look at who provided the greatest degree of emotional support as well.

The court will also look into the monetary and non-monetary contributions of each spouse in acquiring and maintaining the property obtained during their marriage. This means that while the court will check into who paid for the physical things that the couple purchased, it will also examine which spouse maintained these items. So, while it's possible that one spouse may have purchased an item, such as a car, it's also possible that the other spouse may have paid for all of the maintenance and repair of that vehicle.

The court will also examine several other factors, including how long the couple has been married and how old both of the spouses are. It will also take into account all of the debts and liabilities that the couple acquired while they were married.

Resolving marital property issues during a divorce can be very trying. However, any Virginia resident who is going through a divorce may want to speak with a property division attorney in order to figure out the best way to divide up their assets.

Source: vsb.org, "Financial Issues in Divorce in Virginia," Accessed Feb. 21, 2016

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