Back to our series on divorce definitions.
“Equitable Distribution” is the concept used by Virginia to divide the marital estate. Equitable means what is fair and reasonable, and in Virginia divorce law, it means what is fair and reasonable considering the all the statutory factors: 1. The contributions, monetary and nonmonetary, of each party to the well-being of the family; 2. The contributions, monetary and nonmonetary, of each party in the acquisition and care and maintenance of such marital property of the parties; 3. The duration of the marriage; 4. The ages and physical and mental condition of the parties; 5. The circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce; 6. How and when specific items of such marital property were acquired; 7. The debts and liabilities of each spouse, the basis for such debts and liabilities, and the property which may serve as security for such debts and liabilities; and more.
Virginia does not require a 50/50 distribution, although it is frequent. Virginia cases can have equitable distribution awards of 45/55, 40/60, etc. depending on the facts.
