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...
Virginia Separate Debt in Divorce
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...
In most cases, my clients have been with their husband for a number of years, accumulating a number of possessions – both consequential and inconsequential. Though we don’t often spend much time dividing the sheets and bath towels, other things, especially big ticket items like houses and cars, do occupy a fair amount of time...
Coming from a family that owns a local business and now working for another small family-owned business, it’s pretty safe to say that businesses are something that I think about a lot. You might even be surprised at how often it comes up, but there are lots and lots of different types of businesses that...
There are a lot of myths and misconceptions about divorce and the divorce process in Virginia. When it comes to property division, there’s a lot of confusion and misunderstanding. I like to think that a big part of my job is just providing education, so that women know what to expect and at least how...