We had a case, many years ago now, where the couple spent ages (and a ton of money) arguing over how to divide a series of commemorative china plates featuring a number of different waterfowl.
The argument was that these pieces were valuable and held sentimental value to each; dividing them between the parties was not feasible because their value is enhanced as a set and, since they are no longer available for purchase (limited edition and what have you), both parties couldn’t go away with a full and complete set of equal financial and sentimental value.
A few years ago, I also had a case where we argued over a piece of furniture. There was some dispute; one called it a coat rack, another called it a storage ottoman. Not having seen the piece of furniture myself at all, I can’t really weigh in (and I’m not entirely sure why we had the dispute over what to call it to begin with), but it turned out that it was a bit of a bench thing that also featured a coat rack. Both – needless to say – wanted this piece of furniture. I’m not sure what it was worth, only that I counseled my client that it was probably not worth what we were spending to fight over it. To be honest, I don’t remember who took the coat rack/storage ottoman in the divorce once all was said and done.
I don’t know what happened with the duck plates, either. Only they have become a bit of a cautionary tale that I reference, from time to time, as I work my cases.
The thing is, though, that it doesn’t matter whether I think the duck plates or the coat rack (storage ottoman?) are worth fighting over. The parties decide what is most important and, ultimately, how it will be divided. Sure, a judge could weigh in but usually people aren’t all that happy with the results when that happens.
What would a judge do? Usually something no one wants, like dividing the commemorative duck plates in half, dividing the sentimental (if not) financial value equally between the parties. Who cares what they’re worth? Not the judge, who just wants a more or less ‘equitable’ result, whatever that means. (I can’t guarantee, of course, that this is what a judge or that judge would have done, just that I think a ‘good’ outcome is not necessarily likely or even possible.)
When it comes to valuable personal property, there can be a lot of emotion involved. Whether it’s couture or expensive jewelry, embryos or pets, commemorative duck plates or coat rack/storage ottomans, division of the items that made up your married life can prove tricky.
How does Virginia classify property?
In Virginia, before we divide property, we classify it as either separate, marital, or hybrid. Let’s discuss.
Separate property
Separate property is not divisible in divorce. Separate property is what you earned, purchased, or acquired before marriage or after separation. It also includes anything your received as a gift from someone other than your spouse, any inheritance or trust funds, or even personal injury settlements.
Marital Property
Marital property is anything you earned, purchased, or acquired during the marriage, regardless of title. It doesn’t matter whose name was on the asset! Marital property is divided during the divorce.
Hybrid Property
Hybrid property is part marital and part separate. We usually see this with bigger assets, like retirement accounts or real estate, where you were paying in prior to your marriage and continued to make payments (like a mortgage) or contributions (like a retirement account) after divorce. We would divide out the marital portion and leave the separate portion to the party who contributed prior to marriage.
How is property divided?
In the case of expensive stuff – like jewelry or couture – we would look at when it was purchased (before or after marriage) and how it was paid for (marital or separate money). If you used your trust fund to buy your Balenciaga ballgown, then it’s separate. If your husband bought you a Mini Kelly, that would be marital.
Now, that’s not to say that this means that you divide the bag in half or that he gets a ballgown he won’t wear. In many cases, we can offset the value of personal property. If you have couture, does he have some, too? Is he taking his Rolex? His golf clubs? His antique shotgun collection?
Sometimes, the values equal out and we just let each party keep the “couture” that means the most to them.
In other cases, we’re fighting about it. I was just talking to a woman the other day who was gifted two high end designer handbags – one for her honeymoon and one for an anniversary – and now, in the divorce, the husband is asking for a strict accounting of the value of these bags.
For many of us, couture is not an issue – but it doesn’t really matter whether it’s couture or commemorative duck plates. The division of the items that hold sentimental (and financial) value for us is hard work. Letting go of it can feel impossible.
It’s hard to say, ahead of time, what the court would do, except that we’d start with classification. Is it separate property? Well, then, that’s easy. But if it’s marital – and, yes, that counts even if it’s a “gift” from your husband – then there will be division somehow. It’s down to either what you and your soon-to-be ex can agree to or what the court will do.
For more information or to request a copy of our divorce book for Virginia women, give our office a call at 757-425-5200.