How is property divided in a divorce?

In West Virginia, property division laws apply to all divorcing couples. Under these laws, property is divided in an equitable manner, meaning that the court will strive to distribute any marital assets or debts in a fair and equitable way. This means that the court will not necessarily split the property 50/50, but it will take into account things like each person’s earning ability, any marital misconduct, and each person’s contribution to the marriage. When it comes to distributing marital property, the court will first determine what property is considered marital, and what property is separate. Marital property includes any property or income acquired during the marriage, while separate property includes any property that either spouse owned before the marriage, or inherited and kept separate during the marriage. Once the court has established what is marital and what is separate, they will then divide the marital property in an equitable manner. The court will then look at how much each spouse contributed to the marriage, and how much each is able to pay in relation to their income. This will help the court determine who gets assets, and how much of an asset each person gets. Additionally, the court may consider any acts of marital misconduct to determine what type of property division is fair. At the conclusion of the trial, the court will enter a written order dividing the marital property. The order will contain a description of all property and debts, as well as who will be responsible for paying them. It is important for divorcing couples to review the court’s order to ensure that it is fair and just.

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