In Virginia, we classify property as either marital, separate, or hybrid before we divide it in divorce and, mostly, that comes down to looking at when and how the asset was earned, purchased, or acquired. Things earned by the partners to the marriage themselves during the marriage are usually marital but other things – whether...
Keeping your inheritance separate through divorce
Question: When my husband and I married, he owned a home. It was in his name but not paid off; we paid the mortgage together and made small improvements over time. Later, I became disabled. I took some money that I had – a little bit from an inheritance, and some from my retirement accounts...
Question: My girlfriend is married. They have two kids and jointly own the home that they live in. He’s Navy, but they’re not in military housing – like I said, they own jointly. She had an attorney draft a separation agreement, but he’s ignoring her. He is manipulative and locks her out of the house. ...
For the most part, if you have a well-drafted separation agreement or even a very basic court order, you should be clear on what, exactly, needs to happen to wrap everything up with a nice little bow on top once your divorce is finalized. Sometimes, though, that is not the case – whether because of...
No matter how long you were married, the assets you generated in your marriage matter. Not only will you never be younger, but – if you waive too much – you’ll never have the chance to take advantage of compounding interest. That can be the difference between being able to retire and … not. Sure,...
There are so many anxiety-provoking things about the divorce process, it’s hard to speak to them all at once. Scratch that; I actually think it is literally impossible to speak to all the things at once. Fears about what will happen to the marital assets are rampant among divorcing women. It probably doesn’t help, either,...
In order to qualify for the benefits associated with marriage in Virginia, you’re going to need to actually walk down the aisle and get formally, legally married. Common Law marriage is a concept that has more or less fallen out of fashion and most states don’t recognize any kind of common law marriage designation. Though...
If you have a trust fund or received an inheritance – whether before, during, or after your marriage – one of your big concerns when it comes to separation and divorce is probably how to adequately protect that asset. For many families, divorce marks a major turning point in their lives, especially as it relates...