Dougherty Tobias Iszard, Northern Virginia Law, P.C.

tell us your story703-639-4706

for Personal Injury and Criminal Defense cases.

Understanding separate and marital property in Virginia

For many people getting divorced in Virginia, the process of evaluating a marital estate and coming up with a property division settlement that is agreeable to both parties can be filled with angst. This process can be especially difficult if you have a mix of joint and separate assets. Understanding how the state approaches these settlements is important for you as you embark on your divorce.

As explained by the Virginia State Bar, there are essentially three steps in the property division process. The first is the identification of all debts and assets. The second is the valuation of all debts and assets. The third is the allocation of all debts and assets as per the laws and principle of equitable division. But, what determines if an asset is marital, separate or even partially one or the other?

Separate assets are those owned by one person before getting married but may also be items received via gift or inheritance while married. However, gifts given from one spouse to the other are not separate property. Marital assets include anything in both people's names or that was obtained during the marriage. Sometimes, assets are partially marital and partially separate. An example is a business owned by one person before the marriage in which the other spouse eventually contributes to. This contribution can be in the form of physical labor or intellectual skill or idea. In cases like this, the business may be a separate asset but some increased value or earning may be marital.

To learn more about property division valuations during a divorce, please feel free to visit the marital and separate asset page of our Virginia family law website.

No Comments

Leave a comment
Comment Information
Email Us For A Response

contact the firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

contact info brand logo

Manassas Law Office
9300 W Courthouse Road
Suite 204
Manassas, VA 20110

Phone: 703-639-4706
Phone: 703-530-7022
Fax: 703-884-1140
Manassas Law Office Map

Fairfax Law Office
10505 Judicial Drive
Suite 203
Fairfax, VA 22030

Phone: 703-639-4706
Map & Directions