Virginia is not categorized as a community property state. In community property states, assets acquired during the marriage are typically divided equally between the spouses in a divorce. Instead, Virginia follows the principle of equitable distribution. This means marital property is divided fairly, but not necessarily equally. For example, if one spouse significantly contributed more to the acquisition of assets, the court might award them a larger share.
Equitable distribution acknowledges the diverse circumstances of each marriage. Factors considered by Virginia courts include the contributions of each spouse to the well-being of the family, the duration of the marriage, the value of the property interests of each spouse, and the circumstances that led to the dissolution of the marriage. This approach aims to ensure a just outcome, recognizing that equal division may not always be the fairest outcome. Historically, the shift toward equitable distribution reflects a greater understanding of the varied roles individuals play within a marriage and the need for flexibility in property division.
