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Virginia Divorce Information Property Ownership For Divorce Purposes Equitable distribution state, which means the court has the authority to divide marital property in any manner which is "equitable" or "just," and not necessarily 50/50. Marital can be considered when dividing property in Virginia. What Property is Divided? Separate property state. Only marital property is divided in a divorce. Separate property is generally 1) Property acquired before the marriage, 2) Property acquired by gift, 3) Property acquired by inheritance, 4) Personal injury awards, except to the extent they compensate medical expenses, lost wages, and other marital losses, 5) Appreciation of separate property, except where either spouse's efforts contributed to it, 6) Income from separate property, except where either spouse's efforts contributed to earning it. The non-pension-holding spouse cannot receive more than 50% of the pension. Alimony At the court's discretion. Marital fault may be considered. Alimony usually won't be awarded to a spouse who committed adultery. Alimony terminates upon the death of either party, and upon the receiving party's remarriage or cohabitation with another person for one year, unless terminating it would be unconscionable. Child Support Income shares method, which means the income of both parents is considered. Emancipation is age 18, unless still in high school, in which case it is graduation or age 19, whichever comes first. Courts generally will not order payment of college education costs. Child Support Calculator. Child Support Enforcement The Virginia child support enforcement agency can be found at: http://www.dss.virginia.gov/family/dcse.html Divorce Related Statutes For Virginia http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC2000000 Other Resources The Divorce Financial Survival Series |