Stafford, Virginia Equitable Distribution Lawyers

Skilled Property Division Attorneys for Equitable Distribution in Stafford

When two spouses divorce, they will have to determine how to divide up their shared property. In many cases, these matters are settled outside of court, with the couple deciding how to allocate the assets in the marital estate. When an agreement cannot be reached, the courts will adhere to a principle known as "equitable distribution" to make sure all marital property is fairly divided.

At Meyer & Bowden, PLLC, our Stafford divorce lawyers can help you understand the rules behind equitable distribution in a contested divorce. We will advocate for your property rights in court, fighting for a favorable resolution to your case. We have over 50 5-star reviews, so you can trust our firm to provide you with effective counsel and representation for your property division concerns.

What Does Equitable Distribution Mean?

Equitable distribution is the process by which Virginia courts divide marital property fairly when spouses divorce. Virginia considers a range of factors—such as each spouse's contributions to the marriage, the duration of the union, and the economic circumstances of each party—to arrive at a division that the court deems just. The goal is not necessarily equal shares, but a distribution that reflects what is fair under the circumstances.

In practice, equitable distribution involves identifying all assets and debts, assigning values, and then applying statutory factors to guide the court's decision. A judge may award more of a particular asset to one spouse to offset other advantages held by the other, or may divide certain assets unequally if doing so balances inequities elsewhere.

How Do You Tell the Difference Between Marital and Separate Property in Virginia?

Distinguishing marital from separate property is a critical first step in equitable distribution. Marital property generally includes assets acquired or income generated by either spouse during the marriage, regardless of whose name appears on the title. Separate property typically consists of assets brought into the marriage by one spouse, inheritances, gifts specifically given to one spouse, and assets acquired after separation.

Tracing the origin of each asset can be complex. For example, funds from a premarital bank account that have mixed with marital earnings may lose their separate character unless carefully documented. Real estate purchased before marriage but improved with joint funds may also require valuation adjustments. Proper financial records and clear documentation of gifts and inheritances help establish the separate nature of property.

How Are Debts Divided Under Equitable Distribution?

Virginia courts treat debts much like assets. They first determine whether a debt is marital or separate, then allocate responsibility in a manner deemed fair. Marital debts are those incurred by either spouse during the marriage for the benefit of the household or family, such as mortgages, car loans, and credit card balances. Separate debts—such as personal loans taken out before marriage—ordinarily remain with the spouse who incurred them.

When dividing marital debts, the court considers factors similar to those used for assets. If one spouse retains the family home, the court may assign the corresponding mortgage debt to that spouse. Conversely, the spouse who retains fewer assets may be assigned a greater share of joint liabilities. It is possible for one spouse to assume primary responsibility for certain debts in exchange for a larger share of other property.

Contact an Stafford, VA Equitable Distribution Attorney

At Meyer & Bowden, PLLC, our attorneys understand how high the stakes can be when dividing property and debts after a marriage ends. We handle every aspect of asset division, from valuation of complex assets to advocacy in court, so you can move forward with confidence. Call 703-722-8692 or contact our Stafford, VA equitable distribution attorneys to discuss your situation.