Equitable Distribution

Virginia is an equitable distribution state, meaning that in divorce, marital property is divided “equitably” between the parties, which does not necessarily mean “evenly.” Although no presumption exists that each party will receive exactly 50% of the marital property, a division close to 50/50 is often a good place to start, especially following a long-term marriage. From there, increasing or decreasing the percentage one party receives might make sense after considering a host of factors listed in Virginia’s equitable distribution statute, such as the positive and negative monetary and nonmonetary contributions of each party, the length of the marriage, the circumstances that led to the divorce, or the tax consequences of the property division, to name a few.

Our family law attorneys at Taylor Huguley Powers represent clients in Fairfax and other communities in Northern Virginia on all issues relating to equitable distribution of property, including valuation of assets and protection of separate property. Our divorce attorneys have extensive experience in cases involving medical practices, law practices, internet companies, service companies, and other businesses, and we represent both owning and non-owning spouses.

The following is an overview of frequently asked questions regarding equitable distribution of property in Virginia: