It can be confusing understanding how property is divided in Virginia divorce – or even what, exactly, is divided. In Virginia, there are three classifications for property – hybrid, marital, and separate – and only the marital portions are subject to division. Hybrid is, as its name suggests, part marital and part separate property. ...
What counts as separate property in Virginia?
I see misinformation everywhere, almost every single day. It seems like, when it comes to legal advice, almost everyone thinks they know all the answers – and they’re comfortable enough to tell other people what they should do, too. The thing is, though, that they’re often wrong. Just today I saw some divorce coach on...
Is it time to separate? That may be a strategic question and not just an emotional one. In Virginia, we classify separate property as anything that was earned, purchased, or acquired before the marriage or after the date of separation. (We also include anything you inherited in your sole name, anything that was a gift...
We talked the other day about debt when it is marital and how it is often divided in a divorce. But marital ASSETS are categorized as either separate or marital before they are divided – so what happens in the event that debt is separate? It’s a good question. Typically, separate property is anything that...
In a divorce, we divide marital property. What constitutes marital property can vary from state to state, so you should familiarize yourself with the laws in your particular state – or Commonwealth, as in the case of Virginia, where I practice. Though I imagine that the words may vary but the specific application is similar...
The general wisdom seems to be that, if you bring property into a marriage, you should protect it with a prenuptial agreement – or, even, by not getting married at all. I can’t tell you how many times someone has told me this. That’s why it’s always a very good idea to talk to an...
I’m always surprised at just how many people maintain separate bank accounts throughout the entirety of their marriage. Though I definitely understand the desire to keep things separate – and maybe to share expenses in a mutually owned household account – I do think that it often causes confusion about what is marital property...
Spousal support is one of the trickier areas of law. For one thing, husbands don’t want to pay it. A few years back, the law was changed so that spousal support is no longer tax deductible. Though that sounds like a good thing – who doesn’t love money that the IRS isn’t counting towards your...