Equitable Distribution

What Factors Does the Court Consider?

When dividing the marital property, allocating marital debt, and ordering the payment of a monetary award, the judge is required to consider the factors set forth in Virginia Code § 20-107.3. These are:

1. The contributions, monetary and nonmonetary, of each party to the well-being of the family;
2. The contributions, monetary and nonmonetary, of each party in the acquisition and care and maintenance of such marital property of the parties;
3. The duration of the marriage;
4. The ages and physical and mental condition of the parties
5. The circumstances and factors which contributed to the dissolution of the marriage, including adultery, sodomy outside of the marriage, a felony conviction, cruelty, reasonable apprehension of bodily hurt, desertion or abandonment;
6. How and when specific items of such marital property were acquired;
7. The debts and liabilities of each spouse, the basis for such debts and liabilities, and the property which may serve as security for such debts and liabilities;
8. The liquid or nonliquid character of all marital property;
9. The tax consequences to each party;
10. The use or expenditure of marital property by either of the parties for a nonmarital separate purpose or the dissipation of such funds, when such was done in anticipation of divorce or separation or after the last separation of the parties; and
11. Such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award.

Our Experience

While these factors may seem straightforward, in practice they can be very complex. A family law attorney must have a thorough knowledge of the many Virginia Court of Appeals cases that have interpreted these factors. Our attorneys routinely handle family law appeals to the Virginia Court of Appeals dealing with property distribution, including one of the most important recent equitable distribution cases. Our experience in family law appeals has given our attorneys the knowledge necessary to fight for the best results for our clients.