DivorceToday.com

Virginia is an "equitable distribution" state.
  1. The separate property of each spouse, consisting of:
    1. Property acquired prior to the marriage;
    2. Any gifts and inheritances;
    3. Any increase in the value of separate property, unless marital property or significant personal efforts contributed to such increases; and
    4. Any property acquired in exchange for separate property; will be retained by the spouse who owns it.

  2. The marital property, consisting of:
    1. All property acquired during the marriage that is not separate property;
    2. All property titled in the names of both spouses, whether as joint tenants or tenants-by-the entireties;
    3. Income from or increase in value of separate property during the marriage if the income or increase arose from significant personal efforts;
    4. Any separate property which is commingled with marital property and cannot be clearly traced; will be divided equitably by the court. The court may also order a payment from 1 spouse's retirement benefits, profit-sharing benefits, personal injury award, or worker's compensation award, to the other spouse.

  3. The factors for consideration are:
    1. The contribution of each spouse to the acquisition, care, and maintenance of the marital property;
    2. The liquid or non-liquid character of the property;
    3. The length of the marriage;
    4. The age and health of the spouses;
    5. The tax consequences;
    6. Any debts and liabilities of the spouses, the basis for such debts and liabilities, and the property which serves as security for such debts and liabilities;
    7. How and by whom the property was acquired;
    8. The circumstances that contributed to the divorce;
    9. The contributions, monetary and non-monetary, of each spouse to the well-being of the family; and
    10. Any other factor necessary to do equity and justice between the spouses. [Code of Virginia; Title 20, Section 20-107.3].