• acquired prior to the marriage;

• any gifts and inheritances;

• any increase in the value of separate property, unless marital property or significant personal efforts contributed to such increases; and 

• any property acquired in exchange for separate property, will be retained by the spouse who owns it.

In a Virginia divorce action, all marital property, which consists of

• all property acquired during the marriage that is not separate property; 

• all property titled in the names of both spouses, whether as joint tenants or tenants-by-the entireties; 

• income from or increase in value of separate property during the marriage if the income or increase arose from significant personal efforts; 

• any separate property which is commingled with marital property and can not be clearly traced, will be divided equitably by the court. 

In dividing marital property, a Virginia divorce Court will consider the following: 

• the contribution of each spouse to the acquisition, care, and maintenance of the marital property;

• the liquid or non-liquid character of the property; 

• the length of the marriage;

• the age and health of the spouses; 

• the tax consequences; 

• any debts and liabilities of the spouses, the basis for such debts and liabilities, and the property which serves as security for such debts and liabilities;

• how and by whom the property was acquired; 

• the circumstances that contributed to the divorce;

• the contributions, monetary and non-monetary of each spouse to the well-being of the family; 

• the contribution of each spouse to the well-being of the family; and 

• any other factor necessary to do equity and justice between the spouses.

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