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“What am I entitled to?”  This is the first question many people considering divorce ask themselves, and in turn ask their attorney. The short, frustrating answer is “it depends.” Ideally, a divorcing couple would simply agree on the best, most fair way to divide their assets and debts. Unfortunately, high emotions and legitimate disagreements as to the ownership classification or value of property make friendly resolution impossible for many couples. When a couple cannot reach an agreement, they must resort to asking the court to decide how their property should be divided.

In some states, the law entitles each spouse to half of everything. This is not the case in Virginia. Here, the law gives the court the discretion to divide a divorcing couple’s property using a legal concept called “equitable distribution.” Under Virginia law, “equitable” does not necessarily mean “equal.” Instead, it means that a judge will consider both sides and divide the couple’s property in the way the judge believes is the most fair to both parties, given the specific circumstances of their case.

Several factors come into play when Virginia courts divide a divorcing couple’s property. The first is whether or not property is “marital property.” Only marital property is subject to distribution by the court. Marital property, which includes both assets and debts, can be loosely described as anything the couple acquired during the marriage. There are a few exceptions to this definition of marital property, but those exceptions require some explanation and go beyond the purpose of this article. Marital property will often include a couple’s home, cars, bank accounts, investments, credit card debt, and retirement accounts.

A court faced with the decision of how to distribute marital property will consider both spouses’ contributions to the marriage. Those contributions may take the form of money earned, housework or household maintenance performed, child care provided, or support for a spouse who is furthering his or her education. In addition, the court will examine the value and other characteristics of the marital property, as well as inquire into the circumstances under which the couple acquired their assets and debts. Any applicable tax consequences, spousal support, and child support are also factors for consideration. The court will also weigh the age of each spouse, the length of the marriage, the circumstances surrounding the divorce, and any other facts particular to the case that the court believes it must consider in order to achieve a fair result.

If you are facing a divorce, an attorney can help you present your case to a judge, and can also work with your spouse’s attorney to try to resolve issues such as property division, child custody, and spousal support without the necessity of a divorce trial. Ending a marriage can be a very painful, frustrating experience. Having an attorney to answer your questions and help you work through the legal aspects of divorce can relieve some of this stress and allow you to move forward with your life.