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Virginia VA AI draft

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Distribution Type
Equitable Distribution
Default Split
50 / 50
Income Adjustment
Equitable

Methodology

Equitable distribution

Virginia uses a three-classification system for property (separate, marital, and hybrid) and applies equitable distribution principles to marital property. Courts weigh multiple statutory factors in making their award.

Statutory Factors

The following factors are commonly evaluated under Virginia law:

  1. Duration of the marriage
  2. Income and liabilities of each spouse
  3. Contributions to the marriage including homemaking
  4. Future earning capacity
  5. Tax consequences
  6. Waste or dissipation of marital assets
  7. Custodial needs
  8. Any other factors for fairness

Statute Reference

Citation: Va. Code §20-107.3 ↗

Source: https://law.lis.virginia.gov/vacode/

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Citation
Va. Code §20-107.3
Source URL
https://law.lis.virginia.gov/vacode/
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Reference Library

Virginia Property Division

Virginia Code §20-107.3 establishes a detailed equitable distribution framework with three property classifications: separate property (not divisible), marital property (subject to equitable distribution), and hybrid property with both separate and marital components. Courts weigh contributions of each spouse, duration of marriage, age and health, economic circumstances, and marital waste. Virginia prohibits consideration of fault for property division.

Citation: Va. Code §20-107.3

Source: https://law.lis.virginia.gov/vacode/

Last updated: 2026-05-19T01:39:53.984668

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