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Virginia is an "equitable distribution" state.
- The separate property of each spouse, consisting of:
- Property acquired prior to the marriage;
- Any gifts and inheritances;
- Any increase in the value of separate property, unless marital property or significant personal efforts contributed to such increases; and
- Any property acquired in exchange for separate property; will be retained by the spouse who owns it.
- The marital property, consisting of:
- All property acquired during the marriage that is not separate property;
- All property titled in the names of both spouses, whether as joint tenants or tenants-by-the entireties;
- Income from or increase in value of separate property during the marriage if the income or increase arose from significant personal efforts;
- 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.
- The factors for consideration are:
- The contribution of each spouse to the acquisition, care, and maintenance of the marital property;
- The liquid or non-liquid character of the property;
- The length of the marriage;
- The age and health of the spouses;
- The tax consequences;
- 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;
- How and by whom the property was acquired;
- The circumstances that contributed to the divorce;
- The contributions, monetary and non-monetary, of each spouse to the well-being of the family; and
- Any other factor necessary to do equity and justice between the spouses. [Code of Virginia; Title 20, Section 20-107.3].
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