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Virginia divorce - Property distribution.


Virginia is an "equitable distribution" state. The separate Property of each spouse, consisting of:
 
(1) Property acquired prior to the Marriage; (2) any gifts and inheritances; (3) any increase in the value of separate Property, unless marital Property or significant personal efforts contributed to such increases; and (4) any Property acquired in exchange for separate Property; will be retained by the spouse who owns it.
 
The marital Property, consisting of: (1) all Property acquired during the Marriage that is not separate Property; (2) all Property titled in the names of both spouses, whether as joint tenants or tenants-by-the entireties; (3) income from or increase in value of separate Property during the Marriage if the income or increase arose from significant personal efforts; (4) any separate Property which is commingled with marital Property and cannot be clearly traced; will be divided equitably by the court.
 
The court may also order a payment from 1 spouse's retirement benefits, profit-sharing benefits, personal injury award, or worker's compensation award, to the other spouse. The factors for consideration are: (1) the contribution of each spouse to the acquisition, care, and maintenance of the marital Property; (2) the liquid or non-liquid character of the Property; (3) the length of the Marriage; (4) the age and health of the spouses; (5) the tax consequences; (6) any debts and liabilities of the spouses, the basis for such debts and liabilities, and the Property which serves as security for such debts and liabilities; (7) how and by whom the Property was acquired; (8) the circumstances that contributed to the divorce; (9) the contributions, monetary and non-monetary, of each spouse to the well-being of the family; and (10) any other factor necessary to do equity and justice between the spouses. [Code of Virginia; Title 20, Section 20-107.3].
 
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