What are equitable distribution of property laws?

Equitable distribution of property laws in Virginia dictate the division of marital property that is acquired during the marriage. These laws allow the court to divide marital property between the spouses in a fair and equitable manner, considering both their financial and non-financial contributions to the marriage. Marital property is defined as any real or personal property (tangible or intangible) that is acquired by either spouse during the course of the marriage and up until the date of filing for divorce. This includes tangible property such as cars, houses and furniture, as well as intangible property such as an inheritance or pension benefits. The court will look at a variety of factors when making a determination on how to divide the property between the spouses. Factors such as length of marriage, the health and ages of the spouses, and the contributions each spouse made to the marriage will be taken into consideration. The court may award one spouse a larger share of the property depending on the particular circumstances of each case. If the spouses are able to come to an agreement on how the property should be divided, then the court will typically approve the agreement. However, if the parties cannot agree, then the court will decide how the property will be divided. The court’s decision will ultimately be based on what it deems to be a fair and equitable distribution of the marital property.

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