{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-107.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-107.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-107.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-107.3.html"}],"law_id":69531,"edition_id":1,"section_id":69531,"structure_id":12712,"section_number":"20-107.3","catch_line":"Court may decree as to property and debts of the parties","history":"1982, c. 309; 1984, c. 649; 1985, cc. 4, 442; 1986, cc. 533, 537; 1988, cc. 745, 746, 747, 825, 880; 1989, c. 70; 1990, cc. 636, 764; 1991, cc. 632, 640, 698; 1992, c. 88; 1993, c. 79; 2004, cc. 654, 757; 2006, c. 260; 2010, c. 506; 2011, c. 655; 2012, c. 144; 2016, c. 559; 2017, c. 797; 2019, c. 304; 2022, c. 438.","full_text":"A\n\nUpon decreeing the dissolution of a marriage, and also upon decreeing a divorce from the bond of matrimony, or upon the filing with the court as provided in subsection J of a certified copy of a final divorce decree obtained without the Commonwealth, the court, upon request of either party, (i) shall determine the legal title as between the parties, and the ownership and value of all property, real or personal, tangible or intangible, of the parties and shall consider which of such property is separate property, which is marital property, and which is part separate and part marital property in accordance with subdivision 3 and (ii) shall determine the nature of all debts of the parties, or either of them, and shall consider which of such debts is separate debt and which is marital debt. The court shall determine the value of any such property as of the date of the evidentiary hearing on the evaluation issue. The court shall determine the amount of any such debt as of the date of the last separation of the parties, if at such time or thereafter at least one of the parties intends that the separation be permanent, and the extent to which such debt has increased or decreased from the date of separation until the date of the evidentiary hearing. Upon motion of either party made no less than 21 days before the evidentiary hearing the court may, for good cause shown, in order to attain the ends of justice, order that a different valuation date be used. The court, on the motion of either party, may retain jurisdiction in the final decree of divorce to adjudicate the remedy provided by this section when the court determines that such action is clearly necessary, and all decrees heretofore entered retaining such jurisdiction are validated.1\n\nSeparate property is (i) all property, real and personal, acquired by either party before the marriage; (ii) all property acquired during the marriage by bequest, devise, descent, survivorship or gift from a source other than the other party; (iii) all property acquired during the marriage in exchange for or from the proceeds of sale of separate property, provided that such property acquired during the marriage is maintained as separate property; and (iv) that part of any property classified as separate pursuant to subdivision 3. Income received from separate property during the marriage is separate property if not attributable to the personal effort of either party. The increase in value of separate property during the marriage is separate property, unless marital property or the personal efforts of either party have contributed to such increases and then only to the extent of the increases in value attributable to such contributions. The personal efforts of either party must be significant and result in substantial appreciation of the separate property if any increase in value attributable thereto is to be considered marital property.2\n\nMarital property is (i) all property titled in the names of both parties, whether as joint tenants, tenants by the entirety or otherwise, except as provided by subdivision 3, (ii) that part of any property classified as marital pursuant to subdivision 3, or (iii) all other property acquired by each party during the marriage which is not separate property as defined above. All property including that portion of pensions, profit-sharing or deferred compensation or retirement plans of whatever nature, acquired by either spouse during the marriage, and before the last separation of the parties, if at such time or thereafter at least one of the parties intends that the separation be permanent, is presumed to be marital property in the absence of satisfactory evidence that it is separate property. For purposes of this section marital property is presumed to be jointly owned unless there is a deed, title or other clear indicia that it is not jointly owned.3\n\nThe court shall classify property as part marital property and part separate property as follows:\n\t\t\t\ta. In the case of income received from separate property during the marriage, such income shall be marital property only to the extent it is attributable to the personal efforts of either party. In the case of the increase in value of separate property during the marriage, such increase in value shall be marital property only to the extent that marital property or the personal efforts of either party have contributed to such increases, provided that any such personal efforts must be significant and result in substantial appreciation of the separate property.\n\t\t\t\tFor purposes of this subdivision, the nonowning spouse shall bear the burden of proving that (i) contributions of marital property or personal effort were made and (ii) the separate property increased in value. Once this burden of proof is met, the owning spouse shall bear the burden of proving that the increase in value or some portion thereof was not caused by contributions of marital property or personal effort.\n\t\t\t\t“Personal effort” of a party shall be deemed to be labor, effort, inventiveness, physical or intellectual skill, creativity, or managerial, promotional or marketing activity applied directly to the separate property of either party.\n\t\t\t\tb. In the case of any pension, profit-sharing, or deferred compensation plan or retirement benefit, the marital share as defined in subsection G shall be marital property.\n\t\t\t\tc. In the case of any personal injury or workers’ compensation recovery of either party, the marital share as defined in subsection H shall be marital property.\n\t\t\t\td. When marital property and separate property are commingled by contributing one category of property to another, resulting in the loss of identity of the contributed property, the classification of the contributed property shall be transmuted to the category of property receiving the contribution. However, to the extent the contributed property is retraceable by a preponderance of the evidence and was not a gift, such contributed property shall retain its original classification.\n\t\t\t\te. When marital property and separate property are commingled into newly acquired property resulting in the loss of identity of the contributing properties, the commingled property shall be deemed transmuted to marital property. However, to the extent the contributed property is retraceable by a preponderance of the evidence and was not a gift, the contributed property shall retain its original classification.\n\t\t\t\tf. When separate property is retitled in the joint names of the parties, the retitled property shall be deemed transmuted to marital property. However, to the extent the property is retraceable by a preponderance of the evidence and was not a gift, the retitled property shall retain its original classification.\n\t\t\t\tg. When the separate property of one party is commingled into the separate property of the other party, or the separate property of each party is commingled into newly acquired property, to the extent the contributed property is retraceable by a preponderance of the evidence and was not a gift, each party shall be reimbursed the value of the contributed property in any award made pursuant to this section.\n\t\t\t\th. Subdivisions 3 d, e and f shall apply to jointly owned property. No presumption of gift shall arise under this section where (i) separate property is commingled with jointly owned property; (ii) newly acquired property is conveyed into joint ownership; or (iii) existing property is conveyed or retitled into joint ownership. For purposes of this subdivision 3, property is jointly owned when it is titled in the name of both parties, whether as joint tenants, tenants by the entireties, or otherwise.4\n\nSeparate debt is (i) all debt incurred by either party before the marriage, (ii) all debt incurred by either party after the date of the last separation of the parties, if at such time or thereafter at least one of the parties intends that the separation be permanent, and (iii) that part of any debt classified as separate pursuant to subdivision 5. However, to the extent that a party can show by a preponderance of the evidence that the debt was incurred for the benefit of the marriage or family, the court may designate the debt as marital.5\n\nMarital debt is (i) all debt incurred in the joint names of the parties before the date of the last separation of the parties, if at such time or thereafter at least one of the parties intends that the separation be permanent, whether incurred before or after the date of the marriage, and (ii) all debt incurred in either party’s name after the date of the marriage and before the date of the last separation of the parties, if at such time or thereafter at least one of the parties intends that the separation be permanent. However, to the extent that a party can show by a preponderance of the evidence that the debt, or a portion thereof, was incurred, or the proceeds secured by incurring the debt were used, in whole or in part, for a nonmarital purpose, the court may designate the entire debt as separate or a portion of the debt as marital and a portion of the debt as separate.B\n\nFor the purposes of this section only, both parties shall be deemed to have rights and interests in the marital property. However, such interests and rights shall not attach to the legal title of such property and are only to be used as a consideration in determining a monetary award, if any, as provided in this section.C\n\nExcept as provided in subsection G, the court shall have no authority to order the division or transfer of separate property or marital property, or separate or marital debt, which is not jointly owned or owed. However, upon a finding that separate property of one party is in the possession or control of the other party, the court may order that the property be transferred to the party whose separate property it is. The court may, based upon the factors listed in subsection E, divide or transfer or order the division or transfer, or both, of jointly owned marital property, jointly owed marital debt, or any part thereof. The court shall also have the authority to apportion and order the payment of the debts of the parties, or either of them, that are incurred prior to the dissolution of the marriage, based upon the factors listed in subsection E.\n\t\t\tAs a means of dividing or transferring the jointly owned marital property, the court may transfer or order the transfer of real or personal property or any interest therein to one of the parties, permit either party to purchase the interest of the other and direct the allocation of the proceeds, provided the party purchasing the interest of the other agrees to assume any indebtedness secured by the property, or order its sale by private sale by the parties, through such agent as the court shall direct, or by public sale as the court shall direct without the necessity for partition. All decrees entered prior to July 1, 1991, which are final and not subject to further proceedings on appeal as of that date, which divide or transfer or order the division or transfer of property directly between the parties are hereby validated and deemed self-executing. All orders or decrees which divide or transfer or order division or transfer of real property between the parties shall be recorded and indexed in the names of the parties in the appropriate grantor and grantee indexes in the land records in the clerk’s office of the circuit court of the county or city in which the property is located.D\n\nIn addition, based upon (i) the equities and the rights and interests of each party in the marital property, and (ii) the factors listed in subsection E, the court has the power to grant a monetary award, payable either in a lump sum or over a period of time in fixed amounts, to either party. The party against whom a monetary award is made may satisfy the award, in whole or in part, by conveyance of property, subject to the approval of the court. An award entered pursuant to this subsection shall constitute a judgment within the meaning of § 8.01-426 and shall not be docketed by the clerk unless the decree so directs. An award entered pursuant to this subsection may be enforceable in the same manner as any other money judgment. The provisions of § 8.01-382, relating to interest on judgments, shall apply unless the court orders otherwise.\n\t\t\tAny marital property, which has been considered or ordered transferred in granting the monetary award under this section, shall not thereafter be the subject of a suit between the same parties to transfer title or possession of such property.E\n\nThe amount of any division or transfer of jointly owned marital property, and the amount of any monetary award, the apportionment of marital debts, and the method of payment shall be determined by the court after consideration of the following factors:1\n\nThe contributions, monetary and nonmonetary, of each party to the well-being of the family;2\n\nThe contributions, monetary and nonmonetary, of each party in the acquisition and care and maintenance of such marital property of the parties;3\n\nThe duration of the marriage;4\n\nThe ages and physical and mental condition of the parties;5\n\nThe circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce under the provisions of subdivision A (1), (3) or (6) of § 20-91 or § 20-95;6\n\nHow and when specific items of such marital property were acquired;7\n\nThe 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;8\n\nThe liquid or nonliquid character of all marital property;9\n\nThe tax consequences to each party;10\n\nThe use or expenditure of marital property by either of the parties for a nonmarital separate purpose or the dissipation of such funds, when such was done in anticipation of divorce or separation or after the last separation of the parties; and11\n\nSuch other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award.F\n\nThe court shall determine the amount of any such monetary award without regard to maintenance and support awarded for either party or support for the minor children of both parties and shall, after or at the time of such determination and upon motion of either party, consider whether an order for support and maintenance of a spouse or children shall be entered or, if previously entered, whether such order shall be modified or vacated.G\n\nIn addition to the monetary award made pursuant to subsection D, and upon consideration of the factors set forth in subsection E:1\n\nThe court may direct payment of a percentage of the marital share of any pension, profit-sharing or deferred compensation plan, or retirement benefits, whether vested or nonvested, that constitutes marital property and whether payable in a lump sum or over a period of time. The court may order direct payment of such percentage of the marital share by direct assignment to a party from the employer trustee, plan administrator, or other holder of the benefits. However, the court shall only direct that payment be made as such benefits are payable. No such payment shall exceed 50 percent of the marital share of the cash benefits actually received by the party against whom such award is made. “Marital share” means that portion of the total interest, the right to which was earned during the marriage and before the last separation of the parties, if at such time or thereafter at least one of the parties intended that the separation be permanent. Any determination of military retirement benefits shall be in accordance with the federal Uniformed Services Former Spouses’ Protection Act (10 U.S.C. 1408 et seq.). If the court enters an order to distribute any Virginia Retirement System managed defined contribution plan, the Virginia Retirement System shall, if ordered by the court, calculate and include in such distribution gains and losses from the valuation date specified in the order through the date of distribution of the benefits, but only to the extent possible based on the information available to the Virginia Retirement System.2\n\nTo the extent permitted by federal or other applicable law, the court may order a party to designate a spouse or former spouse as irrevocable beneficiary during the lifetime of the beneficiary of all or a portion of any survivor benefit or annuity plan of whatsoever nature, but not to include a life insurance policy except to the extent permitted by § 20-107.1:1. The court, in its discretion, shall determine as between the parties, who shall bear the costs of maintaining such plan.H\n\nIn addition to the monetary award made pursuant to subsection D, and upon consideration of the factors set forth in subsection E, the court may direct payment of a percentage of the marital share of any personal injury or workers’ compensation recovery of either party, whether such recovery is payable in a lump sum or over a period of time. However, the court shall only direct that payment be made as such recovery is payable, whether by settlement, jury award, court award, or otherwise. “Marital share” means that part of the total personal injury or workers’ compensation recovery attributable to lost wages or medical expenses to the extent not covered by health insurance accruing during the marriage and before the last separation of the parties, if at such time or thereafter at least one of the parties intended that the separation be permanent.I\n\nNothing in this section shall be construed to prevent the affirmation, ratification and incorporation in a decree of an agreement between the parties pursuant to §§ 20-109 and 20-109.1. Agreements, otherwise valid as contracts, entered into between spouses prior to the marriage shall be recognized and enforceable.J\n\nA court of proper jurisdiction under § 20-96 may exercise the powers conferred by this section after a court of a foreign jurisdiction has decreed a dissolution of a marriage or a divorce from the bond of matrimony, if (i) one of the parties was domiciled in this Commonwealth when the foreign proceedings were commenced, (ii) the foreign court did not have personal jurisdiction over the party domiciled in the Commonwealth, (iii) the proceeding is initiated within two years of receipt of notice of the foreign decree by the party domiciled in the Commonwealth, and (iv) the court obtains personal jurisdiction over the parties pursuant to subdivision A 9 of § 8.01-328.1, or in any other manner permitted by law.K\n\nThe court shall have the continuing authority and jurisdiction to make any additional orders necessary to effectuate and enforce any order entered pursuant to this section, including the authority to:1\n\nOrder a date certain for transfer or division of any jointly owned property under subsection C or payment of any monetary award under subsection D;2\n\nPunish as contempt of court any willful failure of a party to comply with the provisions of any order made by the court under this section;3\n\nAppoint a special commissioner to transfer any property under subsection C where a party refuses to comply with the order of the court to transfer such property; and4\n\nModify any order entered in a case filed on or after July 1, 1982, intended to affect or divide any pension, profit-sharing or deferred compensation plan or retirement benefits pursuant to the United States Internal Revenue Code or other applicable federal laws, only for the purpose of establishing or maintaining the order as a qualified domestic relations order or to revise or conform its terms so as to effectuate the expressed intent of the order.L\n\nIf it appears upon or after the entry of a final decree of divorce from the bond of matrimony that neither party resides in the city or county of the circuit court that entered the decree, the court may, on the motion of any party or on its own motion, transfer to the circuit court for the city or county where either party resides the authority to make additional orders pursuant to subsection K or to carry out or enforce any stipulation, contract, or agreement between the parties that has been affirmed, ratified, and incorporated by reference pursuant to § 20-109.1.","order_by":null,"text":{"0":{"id":251359,"text":"Upon decreeing the dissolution of a marriage, and also upon decreeing a divorce from the bond of matrimony, or upon the filing with the court as provided in subsection J of a certified copy of a final divorce decree obtained without the Commonwealth, the court, upon request of either party, (i) shall determine the legal title as between the parties, and the ownership and value of all property, real or personal, tangible or intangible, of the parties and shall consider which of such property is separate property, which is marital property, and which is part separate and part marital property in accordance with subdivision 3 and (ii) shall determine the nature of all debts of the parties, or either of them, and shall consider which of such debts is separate debt and which is marital debt. The court shall determine the value of any such property as of the date of the evidentiary hearing on the evaluation issue. The court shall determine the amount of any such debt as of the date of the last separation of the parties, if at such time or thereafter at least one of the parties intends that the separation be permanent, and the extent to which such debt has increased or decreased from the date of separation until the date of the evidentiary hearing. Upon motion of either party made no less than 21 days before the evidentiary hearing the court may, for good cause shown, in order to attain the ends of justice, order that a different valuation date be used. The court, on the motion of either party, may retain jurisdiction in the final decree of divorce to adjudicate the remedy provided by this section when the court determines that such action is clearly necessary, and all decrees heretofore entered retaining such jurisdiction are validated.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":251360,"text":"Separate property is (i) all property, real and personal, acquired by either party before the marriage; (ii) all property acquired during the marriage by bequest, devise, descent, survivorship or gift from a source other than the other party; (iii) all property acquired during the marriage in exchange for or from the proceeds of sale of separate property, provided that such property acquired during the marriage is maintained as separate property; and (iv) that part of any property classified as separate pursuant to subdivision 3. Income received from separate property during the marriage is separate property if not attributable to the personal effort of either party. The increase in value of separate property during the marriage is separate property, unless marital property or the personal efforts of either party have contributed to such increases and then only to the extent of the increases in value attributable to such contributions. The personal efforts of either party must be significant and result in substantial appreciation of the separate property if any increase in value attributable thereto is to be considered marital property.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":251361,"text":"Marital property is (i) all property titled in the names of both parties, whether as joint tenants, tenants by the entirety or otherwise, except as provided by subdivision 3, (ii) that part of any property classified as marital pursuant to subdivision 3, or (iii) all other property acquired by each party during the marriage which is not separate property as defined above. All property including that portion of pensions, profit-sharing or deferred compensation or retirement plans of whatever nature, acquired by either spouse during the marriage, and before the last separation of the parties, if at such time or thereafter at least one of the parties intends that the separation be permanent, is presumed to be marital property in the absence of satisfactory evidence that it is separate property. For purposes of this section marital property is presumed to be jointly owned unless there is a deed, title or other clear indicia that it is not jointly owned.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":251362,"text":"The court shall classify property as part marital property and part separate property as follows:\n\t\t\t\ta. In the case of income received from separate property during the marriage, such income shall be marital property only to the extent it is attributable to the personal efforts of either party. In the case of the increase in value of separate property during the marriage, such increase in value shall be marital property only to the extent that marital property or the personal efforts of either party have contributed to such increases, provided that any such personal efforts must be significant and result in substantial appreciation of the separate property.\n\t\t\t\tFor purposes of this subdivision, the nonowning spouse shall bear the burden of proving that (i) contributions of marital property or personal effort were made and (ii) the separate property increased in value. Once this burden of proof is met, the owning spouse shall bear the burden of proving that the increase in value or some portion thereof was not caused by contributions of marital property or personal effort.\n\t\t\t\t“Personal effort” of a party shall be deemed to be labor, effort, inventiveness, physical or intellectual skill, creativity, or managerial, promotional or marketing activity applied directly to the separate property of either party.\n\t\t\t\tb. In the case of any pension, profit-sharing, or deferred compensation plan or retirement benefit, the marital share as defined in subsection G shall be marital property.\n\t\t\t\tc. In the case of any personal injury or workers’ compensation recovery of either party, the marital share as defined in subsection H shall be marital property.\n\t\t\t\td. When marital property and separate property are commingled by contributing one category of property to another, resulting in the loss of identity of the contributed property, the classification of the contributed property shall be transmuted to the category of property receiving the contribution. However, to the extent the contributed property is retraceable by a preponderance of the evidence and was not a gift, such contributed property shall retain its original classification.\n\t\t\t\te. When marital property and separate property are commingled into newly acquired property resulting in the loss of identity of the contributing properties, the commingled property shall be deemed transmuted to marital property. However, to the extent the contributed property is retraceable by a preponderance of the evidence and was not a gift, the contributed property shall retain its original classification.\n\t\t\t\tf. When separate property is retitled in the joint names of the parties, the retitled property shall be deemed transmuted to marital property. However, to the extent the property is retraceable by a preponderance of the evidence and was not a gift, the retitled property shall retain its original classification.\n\t\t\t\tg. When the separate property of one party is commingled into the separate property of the other party, or the separate property of each party is commingled into newly acquired property, to the extent the contributed property is retraceable by a preponderance of the evidence and was not a gift, each party shall be reimbursed the value of the contributed property in any award made pursuant to this section.\n\t\t\t\th. Subdivisions 3 d, e and f shall apply to jointly owned property. No presumption of gift shall arise under this section where (i) separate property is commingled with jointly owned property; (ii) newly acquired property is conveyed into joint ownership; or (iii) existing property is conveyed or retitled into joint ownership. For purposes of this subdivision 3, property is jointly owned when it is titled in the name of both parties, whether as joint tenants, tenants by the entireties, or otherwise.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":251363,"text":"Separate debt is (i) all debt incurred by either party before the marriage, (ii) all debt incurred by either party after the date of the last separation of the parties, if at such time or thereafter at least one of the parties intends that the separation be permanent, and (iii) that part of any debt classified as separate pursuant to subdivision 5. However, to the extent that a party can show by a preponderance of the evidence that the debt was incurred for the benefit of the marriage or family, the court may designate the debt as marital.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":251364,"text":"Marital debt is (i) all debt incurred in the joint names of the parties before the date of the last separation of the parties, if at such time or thereafter at least one of the parties intends that the separation be permanent, whether incurred before or after the date of the marriage, and (ii) all debt incurred in either party’s name after the date of the marriage and before the date of the last separation of the parties, if at such time or thereafter at least one of the parties intends that the separation be permanent. However, to the extent that a party can show by a preponderance of the evidence that the debt, or a portion thereof, was incurred, or the proceeds secured by incurring the debt were used, in whole or in part, for a nonmarital purpose, the court may designate the entire debt as separate or a portion of the debt as marital and a portion of the debt as separate.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":251365,"text":"For the purposes of this section only, both parties shall be deemed to have rights and interests in the marital property. However, such interests and rights shall not attach to the legal title of such property and are only to be used as a consideration in determining a monetary award, if any, as provided in this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"C"},"7":{"id":251366,"text":"Except as provided in subsection G, the court shall have no authority to order the division or transfer of separate property or marital property, or separate or marital debt, which is not jointly owned or owed. However, upon a finding that separate property of one party is in the possession or control of the other party, the court may order that the property be transferred to the party whose separate property it is. The court may, based upon the factors listed in subsection E, divide or transfer or order the division or transfer, or both, of jointly owned marital property, jointly owed marital debt, or any part thereof. The court shall also have the authority to apportion and order the payment of the debts of the parties, or either of them, that are incurred prior to the dissolution of the marriage, based upon the factors listed in subsection E.\n\t\t\tAs a means of dividing or transferring the jointly owned marital property, the court may transfer or order the transfer of real or personal property or any interest therein to one of the parties, permit either party to purchase the interest of the other and direct the allocation of the proceeds, provided the party purchasing the interest of the other agrees to assume any indebtedness secured by the property, or order its sale by private sale by the parties, through such agent as the court shall direct, or by public sale as the court shall direct without the necessity for partition. All decrees entered prior to July 1, 1991, which are final and not subject to further proceedings on appeal as of that date, which divide or transfer or order the division or transfer of property directly between the parties are hereby validated and deemed self-executing. All orders or decrees which divide or transfer or order division or transfer of real property between the parties shall be recorded and indexed in the names of the parties in the appropriate grantor and grantee indexes in the land records in the clerk’s office of the circuit court of the county or city in which the property is located.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"8":{"id":251367,"text":"In addition, based upon (i) the equities and the rights and interests of each party in the marital property, and (ii) the factors listed in subsection E, the court has the power to grant a monetary award, payable either in a lump sum or over a period of time in fixed amounts, to either party. The party against whom a monetary award is made may satisfy the award, in whole or in part, by conveyance of property, subject to the approval of the court. An award entered pursuant to this subsection shall constitute a judgment within the meaning of § 8.01-426 and shall not be docketed by the clerk unless the decree so directs. An award entered pursuant to this subsection may be enforceable in the same manner as any other money judgment. The provisions of § 8.01-382, relating to interest on judgments, shall apply unless the court orders otherwise.\n\t\t\tAny marital property, which has been considered or ordered transferred in granting the monetary award under this section, shall not thereafter be the subject of a suit between the same parties to transfer title or possession of such property.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"9":{"id":251368,"text":"The amount of any division or transfer of jointly owned marital property, and the amount of any monetary award, the apportionment of marital debts, and the method of payment shall be determined by the court after consideration of the following factors:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"10":{"id":251369,"text":"The contributions, monetary and nonmonetary, of each party to the well-being of the family;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"11":{"id":251370,"text":"The contributions, monetary and nonmonetary, of each party in the acquisition and care and maintenance of such marital property of the parties;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"12":{"id":251371,"text":"The duration of the marriage;","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"13":{"id":251372,"text":"The ages and physical and mental condition of the parties;","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"E5"},"14":{"id":251373,"text":"The circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce under the provisions of subdivision A (1), (3) or (6) of § 20-91 or § 20-95;","type":"section","prefixes":["E","5"],"prefix":"5","entire_prefix":"E5","prefix_anchor":"E5","level":2,"prior_prefix":"E4","next_prefix":"E6"},"15":{"id":251374,"text":"How and when specific items of such marital property were acquired;","type":"section","prefixes":["E","6"],"prefix":"6","entire_prefix":"E6","prefix_anchor":"E6","level":2,"prior_prefix":"E5","next_prefix":"E7"},"16":{"id":251375,"text":"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;","type":"section","prefixes":["E","7"],"prefix":"7","entire_prefix":"E7","prefix_anchor":"E7","level":2,"prior_prefix":"E6","next_prefix":"E8"},"17":{"id":251376,"text":"The liquid or nonliquid character of all marital property;","type":"section","prefixes":["E","8"],"prefix":"8","entire_prefix":"E8","prefix_anchor":"E8","level":2,"prior_prefix":"E7","next_prefix":"E9"},"18":{"id":251377,"text":"The tax consequences to each party;","type":"section","prefixes":["E","9"],"prefix":"9","entire_prefix":"E9","prefix_anchor":"E9","level":2,"prior_prefix":"E8","next_prefix":"E10"},"19":{"id":251378,"text":"The use or expenditure of marital property by either of the parties for a nonmarital separate purpose or the dissipation of such funds, when such was done in anticipation of divorce or separation or after the last separation of the parties; and","type":"section","prefixes":["E","10"],"prefix":"10","entire_prefix":"E10","prefix_anchor":"E10","level":2,"prior_prefix":"E9","next_prefix":"E11"},"20":{"id":251379,"text":"Such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award.","type":"section","prefixes":["E","11"],"prefix":"11","entire_prefix":"E11","prefix_anchor":"E11","level":2,"prior_prefix":"E10","next_prefix":"F"},"21":{"id":251380,"text":"The court shall determine the amount of any such monetary award without regard to maintenance and support awarded for either party or support for the minor children of both parties and shall, after or at the time of such determination and upon motion of either party, consider whether an order for support and maintenance of a spouse or children shall be entered or, if previously entered, whether such order shall be modified or vacated.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E11","next_prefix":"G"},"22":{"id":251381,"text":"In addition to the monetary award made pursuant to subsection D, and upon consideration of the factors set forth in subsection E:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"23":{"id":251382,"text":"The court may direct payment of a percentage of the marital share of any pension, profit-sharing or deferred compensation plan, or retirement benefits, whether vested or nonvested, that constitutes marital property and whether payable in a lump sum or over a period of time. The court may order direct payment of such percentage of the marital share by direct assignment to a party from the employer trustee, plan administrator, or other holder of the benefits. However, the court shall only direct that payment be made as such benefits are payable. No such payment shall exceed 50 percent of the marital share of the cash benefits actually received by the party against whom such award is made. “Marital share” means that portion of the total interest, the right to which was earned during the marriage and before the last separation of the parties, if at such time or thereafter at least one of the parties intended that the separation be permanent. Any determination of military retirement benefits shall be in accordance with the federal Uniformed Services Former Spouses’ Protection Act (10 U.S.C. 1408 et seq.). If the court enters an order to distribute any Virginia Retirement System managed defined contribution plan, the Virginia Retirement System shall, if ordered by the court, calculate and include in such distribution gains and losses from the valuation date specified in the order through the date of distribution of the benefits, but only to the extent possible based on the information available to the Virginia Retirement System.","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"24":{"id":251383,"text":"To the extent permitted by federal or other applicable law, the court may order a party to designate a spouse or former spouse as irrevocable beneficiary during the lifetime of the beneficiary of all or a portion of any survivor benefit or annuity plan of whatsoever nature, but not to include a life insurance policy except to the extent permitted by § 20-107.1:1. The court, in its discretion, shall determine as between the parties, who shall bear the costs of maintaining such plan.","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1","next_prefix":"H"},"25":{"id":251384,"text":"In addition to the monetary award made pursuant to subsection D, and upon consideration of the factors set forth in subsection E, the court may direct payment of a percentage of the marital share of any personal injury or workers’ compensation recovery of either party, whether such recovery is payable in a lump sum or over a period of time. However, the court shall only direct that payment be made as such recovery is payable, whether by settlement, jury award, court award, or otherwise. “Marital share” means that part of the total personal injury or workers’ compensation recovery attributable to lost wages or medical expenses to the extent not covered by health insurance accruing during the marriage and before the last separation of the parties, if at such time or thereafter at least one of the parties intended that the separation be permanent.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G2","next_prefix":"I"},"26":{"id":251385,"text":"Nothing in this section shall be construed to prevent the affirmation, ratification and incorporation in a decree of an agreement between the parties pursuant to §§ 20-109 and 20-109.1. Agreements, otherwise valid as contracts, entered into between spouses prior to the marriage shall be recognized and enforceable.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"27":{"id":251386,"text":"A court of proper jurisdiction under § 20-96 may exercise the powers conferred by this section after a court of a foreign jurisdiction has decreed a dissolution of a marriage or a divorce from the bond of matrimony, if (i) one of the parties was domiciled in this Commonwealth when the foreign proceedings were commenced, (ii) the foreign court did not have personal jurisdiction over the party domiciled in the Commonwealth, (iii) the proceeding is initiated within two years of receipt of notice of the foreign decree by the party domiciled in the Commonwealth, and (iv) the court obtains personal jurisdiction over the parties pursuant to subdivision A 9 of § 8.01-328.1, or in any other manner permitted by law.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"28":{"id":251387,"text":"The court shall have the continuing authority and jurisdiction to make any additional orders necessary to effectuate and enforce any order entered pursuant to this section, including the authority to:","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"K1"},"29":{"id":251388,"text":"Order a date certain for transfer or division of any jointly owned property under subsection C or payment of any monetary award under subsection D;","type":"section","prefixes":["K","1"],"prefix":"1","entire_prefix":"K1","prefix_anchor":"K1","level":2,"prior_prefix":"K","next_prefix":"K2"},"30":{"id":251389,"text":"Punish as contempt of court any willful failure of a party to comply with the provisions of any order made by the court under this section;","type":"section","prefixes":["K","2"],"prefix":"2","entire_prefix":"K2","prefix_anchor":"K2","level":2,"prior_prefix":"K1","next_prefix":"K3"},"31":{"id":251390,"text":"Appoint a special commissioner to transfer any property under subsection C where a party refuses to comply with the order of the court to transfer such property; and","type":"section","prefixes":["K","3"],"prefix":"3","entire_prefix":"K3","prefix_anchor":"K3","level":2,"prior_prefix":"K2","next_prefix":"K4"},"32":{"id":251391,"text":"Modify any order entered in a case filed on or after July 1, 1982, intended to affect or divide any pension, profit-sharing or deferred compensation plan or retirement benefits pursuant to the United States Internal Revenue Code or other applicable federal laws, only for the purpose of establishing or maintaining the order as a qualified domestic relations order or to revise or conform its terms so as to effectuate the expressed intent of the order.","type":"section","prefixes":["K","4"],"prefix":"4","entire_prefix":"K4","prefix_anchor":"K4","level":2,"prior_prefix":"K3","next_prefix":"L"},"33":{"id":251392,"text":"If it appears upon or after the entry of a final decree of divorce from the bond of matrimony that neither party resides in the city or county of the circuit court that entered the decree, the court may, on the motion of any party or on its own motion, transfer to the circuit court for the city or county where either party resides the authority to make additional orders pursuant to subsection K or to carry out or enforce any stipulation, contract, or agreement between the parties that has been affirmed, ratified, and incorporated by reference pursuant to § 20-109.1.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K4"}},"ancestry":[{"id":12712,"edition_id":1,"name":"Divorce, Affirmation and Annulment","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178931,"object_type":"structure","relational_id":12712,"identifier":"6","token":"20\/6","url":"\/20\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12711,"edition_id":1,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178075,"object_type":"structure","relational_id":12711,"identifier":"20","token":"20","url":"\/20\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69694,"structure_id":12712,"section_number":"20-100","catch_line":"Repealed","url":"\/20-100\/","token":"20\/6\/20-100","metadata":false},{"id":85663,"structure_id":12712,"section_number":"20-101","catch_line":"Repealed","url":"\/20-101\/","token":"20\/6\/20-101","metadata":false},{"id":78351,"structure_id":12712,"section_number":"20-102","catch_line":"When not necessary to allege or prove offer of reconciliation","url":"\/20-102\/","token":"20\/6\/20-102","metadata":false},{"id":84768,"structure_id":12712,"section_number":"20-103","catch_line":"Court may make orders pending suit for divorce, custody or visitation, etc","url":"\/20-103\/","token":"20\/6\/20-103","metadata":false},{"id":70919,"structure_id":12712,"section_number":"20-104","catch_line":"Order of publication against nonresident defendant","url":"\/20-104\/","token":"20\/6\/20-104","metadata":false},{"id":59840,"structure_id":12712,"section_number":"20-104.1","catch_line":"Orders of publication may be combined","url":"\/20-104.1\/","token":"20\/6\/20-104.1","metadata":false},{"id":86285,"structure_id":12712,"section_number":"20-105","catch_line":"Permissible form for orders of publication","url":"\/20-105\/","token":"20\/6\/20-105","metadata":false},{"id":72909,"structure_id":12712,"section_number":"20-105.1","catch_line":"Alternative procedures","url":"\/20-105.1\/","token":"20\/6\/20-105.1","metadata":false},{"id":79519,"structure_id":12712,"section_number":"20-106","catch_line":"Testimony may be required to be given orally; evidence by affidavit","url":"\/20-106\/","token":"20\/6\/20-106","metadata":false},{"id":66535,"structure_id":12712,"section_number":"20-107","catch_line":"Repealed","url":"\/20-107\/","token":"20\/6\/20-107","metadata":false},{"id":72435,"structure_id":12712,"section_number":"20-107.1","catch_line":"Court may decree as to maintenance and support of spouses","url":"\/20-107.1\/","token":"20\/6\/20-107.1","metadata":false},{"id":60714,"structure_id":12712,"section_number":"20-107.1:1","catch_line":"Court may decree as to maintenance of life insurance policy","url":"\/20-107.1_1\/","token":"20\/6\/20-107.1_1","metadata":false},{"id":59975,"structure_id":12712,"section_number":"20-107.2","catch_line":"Court may decree as to custody and support of children","url":"\/20-107.2\/","token":"20\/6\/20-107.2","metadata":false},{"id":69531,"structure_id":12712,"section_number":"20-107.3","catch_line":"Court may decree as to property and debts of the parties","url":"\/20-107.3\/","token":"20\/6\/20-107.3","metadata":false},{"id":75906,"structure_id":12712,"section_number":"20-108","catch_line":"Revision and alteration of such decrees","url":"\/20-108\/","token":"20\/6\/20-108","metadata":false},{"id":86162,"structure_id":12712,"section_number":"20-108.1","catch_line":"Determination of child or spousal support","url":"\/20-108.1\/","token":"20\/6\/20-108.1","metadata":false},{"id":78437,"structure_id":12712,"section_number":"20-108.2","catch_line":"Guideline for determination of child support; quadrennial review by Child Support Guidelines Review Panel; executive summary","url":"\/20-108.2\/","token":"20\/6\/20-108.2","metadata":false},{"id":53938,"structure_id":12712,"section_number":"20-109","catch_line":"Changing maintenance and support for a spouse; effect of stipulations as to maintenance and support for a spouse; cessation upon cohabitation, remarriage, or death; effect of retirement","url":"\/20-109\/","token":"20\/6\/20-109","metadata":false},{"id":73881,"structure_id":12712,"section_number":"20-109.1","catch_line":"Affirmation, ratification and incorporation by reference in decree of agreement between parties","url":"\/20-109.1\/","token":"20\/6\/20-109.1","metadata":false},{"id":78343,"structure_id":12712,"section_number":"20-110","catch_line":"Maintenance and support for a spouse to cease on remarriage","url":"\/20-110\/","token":"20\/6\/20-110","metadata":false},{"id":56256,"structure_id":12712,"section_number":"20-111","catch_line":"Decree of divorce from bond of matrimony extinguishes contingent property rights","url":"\/20-111\/","token":"20\/6\/20-111","metadata":false},{"id":79932,"structure_id":12712,"section_number":"20-111.1","catch_line":"Revocation of death benefits by divorce or annulment","url":"\/20-111.1\/","token":"20\/6\/20-111.1","metadata":false},{"id":80489,"structure_id":12712,"section_number":"20-112","catch_line":"Notice when proceedings reopened","url":"\/20-112\/","token":"20\/6\/20-112","metadata":false},{"id":66604,"structure_id":12712,"section_number":"20-113","catch_line":"Procedure when respondent fails to perform order for support and maintenance of child or spouse or owes support and maintenance or additional support and maintenance","url":"\/20-113\/","token":"20\/6\/20-113","metadata":false},{"id":73222,"structure_id":12712,"section_number":"20-114","catch_line":"Recognizance for compliance with order or decree","url":"\/20-114\/","token":"20\/6\/20-114","metadata":false},{"id":66046,"structure_id":12712,"section_number":"20-115","catch_line":"Commitment and sentence for failure to comply with order or decree","url":"\/20-115\/","token":"20\/6\/20-115","metadata":false},{"id":54704,"structure_id":12712,"section_number":"20-116","catch_line":"Effect of divorce from bed and board and what court may decree","url":"\/20-116\/","token":"20\/6\/20-116","metadata":false},{"id":82954,"structure_id":12712,"section_number":"20-117","catch_line":"Divorce from bond of matrimony after divorce from bed and board","url":"\/20-117\/","token":"20\/6\/20-117","metadata":false},{"id":79255,"structure_id":12712,"section_number":"20-118","catch_line":"Prohibition of remarriage pending appeal from divorce decree; certain marriages validated","url":"\/20-118\/","token":"20\/6\/20-118","metadata":false},{"id":84439,"structure_id":12712,"section_number":"20-119","catch_line":"Repealed","url":"\/20-119\/","token":"20\/6\/20-119","metadata":false},{"id":83952,"structure_id":12712,"section_number":"20-120","catch_line":"Revocation of decree from bed and board","url":"\/20-120\/","token":"20\/6\/20-120","metadata":false},{"id":82889,"structure_id":12712,"section_number":"20-121","catch_line":"Merger of decree for divorce from bed and board with decree for divorce from bond of matrimony","url":"\/20-121\/","token":"20\/6\/20-121","metadata":false},{"id":71713,"structure_id":12712,"section_number":"20-121.01","catch_line":"Decree of divorce from bonds of matrimony without decree from bed and board","url":"\/20-121.01\/","token":"20\/6\/20-121.01","metadata":false},{"id":86231,"structure_id":12712,"section_number":"20-121.02","catch_line":"Decree of divorce without amended bill or amended cross-bill","url":"\/20-121.02\/","token":"20\/6\/20-121.02","metadata":false},{"id":59482,"structure_id":12712,"section_number":"20-121.03","catch_line":"Identifying information confidential; separate addendum","url":"\/20-121.03\/","token":"20\/6\/20-121.03","metadata":false},{"id":72590,"structure_id":12712,"section_number":"20-121.1","catch_line":"Reinstatement of suit","url":"\/20-121.1\/","token":"20\/6\/20-121.1","metadata":false},{"id":80991,"structure_id":12712,"section_number":"20-121.2","catch_line":"Validation of absolute divorce granted where no decree from bed and board","url":"\/20-121.2\/","token":"20\/6\/20-121.2","metadata":false},{"id":82422,"structure_id":12712,"section_number":"20-121.3","catch_line":"Validation of certain divorces granted prior to April 23, 1962","url":"\/20-121.3\/","token":"20\/6\/20-121.3","metadata":false},{"id":62175,"structure_id":12712,"section_number":"20-121.4","catch_line":"Restoration of former name","url":"\/20-121.4\/","token":"20\/6\/20-121.4","metadata":false},{"id":68639,"structure_id":12712,"section_number":"20-122","catch_line":"Advertising offer to obtain divorces","url":"\/20-122\/","token":"20\/6\/20-122","metadata":false},{"id":65664,"structure_id":12712,"section_number":"20-123","catch_line":"Repealed","url":"\/20-123\/","token":"20\/6\/20-123","metadata":false},{"id":82012,"structure_id":12712,"section_number":"20-124","catch_line":"Sequestration of record","url":"\/20-124\/","token":"20\/6\/20-124","metadata":false},{"id":72384,"structure_id":12712,"section_number":"20-89","catch_line":"Repealed","url":"\/20-89\/","token":"20\/6\/20-89","metadata":false},{"id":78456,"structure_id":12712,"section_number":"20-89.1","catch_line":"Suit to annul marriage","url":"\/20-89.1\/","token":"20\/6\/20-89.1","metadata":false},{"id":77176,"structure_id":12712,"section_number":"20-90","catch_line":"Suit to affirm marriage","url":"\/20-90\/","token":"20\/6\/20-90","metadata":false},{"id":82064,"structure_id":12712,"section_number":"20-91","catch_line":"Grounds for divorce from bond of matrimony; contents of decree","url":"\/20-91\/","token":"20\/6\/20-91","metadata":false},{"id":72418,"structure_id":12712,"section_number":"20-92","catch_line":"Repealed","url":"\/20-92\/","token":"20\/6\/20-92","metadata":false},{"id":70318,"structure_id":12712,"section_number":"20-93","catch_line":"Insanity of guilty party after commencement of desertion no defense","url":"\/20-93\/","token":"20\/6\/20-93","metadata":false},{"id":54956,"structure_id":12712,"section_number":"20-94","catch_line":"Effect of cohabitation after knowledge of adultery, sodomy or buggery; lapse of five years","url":"\/20-94\/","token":"20\/6\/20-94","metadata":false},{"id":84107,"structure_id":12712,"section_number":"20-95","catch_line":"Grounds for divorces from bed and board","url":"\/20-95\/","token":"20\/6\/20-95","metadata":false},{"id":78621,"structure_id":12712,"section_number":"20-96","catch_line":"Jurisdiction of suits for annulment, affirmance or divorce","url":"\/20-96\/","token":"20\/6\/20-96","metadata":false},{"id":71732,"structure_id":12712,"section_number":"20-96.1","catch_line":"Repealed","url":"\/20-96.1\/","token":"20\/6\/20-96.1","metadata":false},{"id":84801,"structure_id":12712,"section_number":"20-97","catch_line":"Domicile and residential requirements for suits for annulment, affirmance, or divorce","url":"\/20-97\/","token":"20\/6\/20-97","metadata":false},{"id":87223,"structure_id":12712,"section_number":"20-98","catch_line":"Repealed","url":"\/20-98\/","token":"20\/6\/20-98","metadata":false},{"id":58423,"structure_id":12712,"section_number":"20-99","catch_line":"How such suits instituted and conducted; costs","url":"\/20-99\/","token":"20\/6\/20-99","metadata":false},{"id":73767,"structure_id":12712,"section_number":"20-99.1","catch_line":"Repealed","url":"\/20-99.1\/","token":"20\/6\/20-99.1","metadata":false},{"id":84506,"structure_id":12712,"section_number":"20-99.1:1","catch_line":"How defendant may accept service; waive service","url":"\/20-99.1_1\/","token":"20\/6\/20-99.1_1","metadata":false},{"id":64766,"structure_id":12712,"section_number":"20-99.2","catch_line":"Service in divorce and annulment cases","url":"\/20-99.2\/","token":"20\/6\/20-99.2","metadata":false}],"previous_section":{"id":59975,"structure_id":12712,"section_number":"20-107.2","catch_line":"Court may decree as to custody and support of children","url":"\/20-107.2\/","token":"20\/6\/20-107.2","metadata":false},"next_section":{"id":75906,"structure_id":12712,"section_number":"20-108","catch_line":"Revision and alteration of such decrees","url":"\/20-108\/","token":"20\/6\/20-108","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-107.3\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 309 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 18 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1984, chapter 649; in 1985, chapters 4 and 442; in 1986, chapters 533 and 537; in 1988, chapters 745, 746, 747, 825, and 880; in 1989, chapter 70; in 1990, chapters 636 and 764; in 1991, chapters 632, 640, and 698; in 1992, chapter 88; in 1993, chapter 79; in 2004, chapters 654<\/a> and 757<\/a>; in 2006, chapter 260<\/a>; in 2010, chapter 506<\/a>; in 2011, chapter 655<\/a>; in 2012, chapter 144<\/a>; in 2016, chapter 559<\/a>; in 2017, chapter 797<\/a>; in 2019, chapter 304<\/a>; in 2022, chapter 438<\/a>.<\/p>","references":[{"id":72435,"section_number":"20-107.1","catch_line":"Court may decree as to maintenance and support of spouses","order_by":null,"url":"\/20-107.1\/"},{"id":86162,"section_number":"20-108.1","catch_line":"Determination of child or spousal support","order_by":null,"url":"\/20-108.1\/"},{"id":80489,"section_number":"20-112","catch_line":"Notice when proceedings reopened","order_by":null,"url":"\/20-112\/"},{"id":66046,"section_number":"20-115","catch_line":"Commitment and sentence for failure to comply with order or decree","order_by":null,"url":"\/20-115\/"},{"id":62870,"section_number":"51.1-124.4","catch_line":"Exemption of assets from taxation; exemption of benefits and assets from execution and assignment; trust funds; unclaimed property; eligible rollover distribution","order_by":null,"url":"\/51.1-124.4\/"},{"id":56314,"section_number":"51.1-802","catch_line":"Assets of retirement systems; exemption from taxation; execution and assignment","order_by":null,"url":"\/51.1-802\/"},{"id":73979,"section_number":"53.1-223","catch_line":"Restriction on suits against prisoners","order_by":null,"url":"\/53.1-223\/"},{"id":61985,"section_number":"8.01-375","catch_line":"Exclusion of witnesses in civil cases (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section and subsection (b) of Supreme Court Rule 2:615 derived from this section)","order_by":null,"url":"\/8.01-375\/"},{"id":84490,"section_number":"8.01-460","catch_line":"Decree for support and maintenance of spouse or infant children of parties as lien on real estate","order_by":null,"url":"\/8.01-460\/"}],"refers_to":[{"id":60714,"section_number":"20-107.1:1","catch_line":"Court may decree as to maintenance of life insurance policy","order_by":null,"url":"\/20-107.1_1\/"},{"id":53938,"section_number":"20-109","catch_line":"Changing maintenance and support for a spouse; effect of stipulations as to maintenance and support for a spouse; cessation upon cohabitation, remarriage, or death; effect of retirement","order_by":null,"url":"\/20-109\/"},{"id":73881,"section_number":"20-109.1","catch_line":"Affirmation, ratification and incorporation by reference in decree of agreement between parties","order_by":null,"url":"\/20-109.1\/"},{"id":82064,"section_number":"20-91","catch_line":"Grounds for divorce from bond of matrimony; contents of decree","order_by":null,"url":"\/20-91\/"},{"id":84107,"section_number":"20-95","catch_line":"Grounds for divorces from bed and board","order_by":null,"url":"\/20-95\/"},{"id":78621,"section_number":"20-96","catch_line":"Jurisdiction of suits for annulment, affirmance or divorce","order_by":null,"url":"\/20-96\/"},{"id":58110,"section_number":"8.01-328.1","catch_line":"When personal jurisdiction over person may be exercised","order_by":null,"url":"\/8.01-328.1\/"},{"id":63842,"section_number":"8.01-382","catch_line":"Verdict, judgment or decree to fix period at which interest begins; final order; judgment or decree for interest","order_by":null,"url":"\/8.01-382\/"},{"id":61477,"section_number":"8.01-426","catch_line":"\"Judgment\" includes decree","order_by":null,"url":"\/8.01-426\/"}],"permalink":{"id":178985,"object_type":"law","relational_id":69531,"identifier":"20-107.3","token":"20\/6\/20-107.3","url":"\/20-107.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-107.3\/","token":"20\/6\/20-107.3","dublin_core":{"Title":"Court may decree as to property and debts of the parties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-107.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon decreeing the dissolution of a marriage, and also upon decreeing a divorce from the bond<\/span> of matrimony, or upon the filing with the court<\/span> as provided in subsection J of a certified copy of a final divorce decree<\/span> obtained without the Commonwealth, the court<\/span>, upon request of either party<\/span>, (i) shall determine the legal title as between the parties, and the ownership and value of all property, real or personal, tangible or intangible, of the parties and shall consider which of such property is separate property, which is marital property, and which is part separate and part marital property in accordance with subdivision 3 and (ii) shall determine the nature of all debts of the parties, or either of them, and shall consider which of such debts is separate debt and which is marital debt. The court<\/span> shall determine the value of any such property as of the date of the evidentiary hearing<\/span> on the evaluation issue<\/span>. The court<\/span> shall determine the amount of any such debt as of the date of the last separation of the parties, if at such time or thereafter at least one of the parties intends that the separation be permanent, and the extent to which such debt has increased or decreased from the date of separation until the date of the evidentiary hearing<\/span>. Upon motion<\/span> of either party<\/span> made no less than 21 days before the evidentiary hearing<\/span> the court<\/span> may, for good cause shown, in order<\/span> to attain the ends of justice, order<\/span> that a different valuation date be used. The court<\/span>, on the motion<\/span> of either party<\/span>, may retain jurisdiction<\/span> in the final decree<\/span> of divorce to adjudicate<\/span> the remedy provided by this section when the court<\/span> determines that such action is clearly necessary, and all decrees<\/span> heretofore entered retaining such jurisdiction<\/span> are validated. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Separate property is (i) all property, real and personal, acquired by either party<\/span> before the marriage; (ii) all property acquired during the marriage by bequest, devise, descent, survivorship or gift from a source other than the other party<\/span>; (iii) all property acquired during the marriage in exchange for or from the proceeds of sale of separate property, provided that such property acquired during the marriage is maintained as separate property; and (iv) that part of any property classified as separate pursuant to subdivision 3. Income received from separate property during the marriage is separate property if not attributable to the personal effort of either party<\/span>. The increase in value of separate property during the marriage is separate property, unless marital property or the personal efforts of either party<\/span> have contributed to such increases and then only to the extent of the increases in value attributable to such contributions. The personal efforts of either party<\/span> must be significant and result in substantial appreciation of the separate property if any increase in value attributable thereto is to be considered marital property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Marital property is (i) all property titled in the names of both parties, whether as joint tenants, tenants by the entirety or otherwise, except as provided by subdivision 3, (ii) that part of any property classified as marital pursuant to subdivision 3, or (iii) all other property acquired by each party<\/span> during the marriage which is not separate property as defined above. All property including that portion of pensions, profit-sharing or deferred compensation or retirement plans of whatever nature, acquired by either spouse during the marriage, and before the last separation of the parties, if at such time or thereafter at least one of the parties intends that the separation be permanent, is presumed to be marital property in the absence of satisfactory evidence<\/span> that it is separate property. For purposes of this section marital property is presumed to be jointly owned unless there is a deed, title or other clear indicia that it is not jointly owned. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The court<\/span> shall classify property as part marital property and part separate property as follows:\n\t\t\t\ta. In the case of income received from separate property during the marriage, such income shall be marital property only to the extent it is attributable to the personal efforts of either party<\/span>. In the case of the increase in value of separate property during the marriage, such increase in value shall be marital property only to the extent that marital property or the personal efforts of either party<\/span> have contributed to such increases, provided that any such personal efforts must be significant and result in substantial appreciation of the separate property.\n\t\t\t\tFor purposes of this subdivision, the nonowning spouse shall bear the burden of proving that (i) contributions of marital property or personal effort were made and (ii) the separate property increased in value. Once this burden of proof<\/span> is met, the owning spouse shall bear the burden of proving that the increase in value or some portion thereof was not caused by contributions of marital property or personal effort.\n\t\t\t\t“Personal effort” of a party<\/span> shall be deemed to be labor, effort, inventiveness, physical or intellectual skill, creativity, or managerial, promotional or marketing activity applied directly to the separate property of either party<\/span>.\n\t\t\t\tb. In the case of any pension, profit-sharing, or deferred compensation plan or retirement benefit, the marital share<\/span> as defined in subsection G shall be marital property.\n\t\t\t\tc. In the case of any personal injury or workers’ compensation recovery of either party<\/span>, the marital share<\/span> as defined in subsection H shall be marital property.\n\t\t\t\td. When marital property and separate property are commingled by contributing one category of property to another, resulting in the loss of identity of the contributed property, the classification of the contributed property shall be transmuted to the category of property receiving the contribution. However, to the extent the contributed property is retraceable by a preponderance of the evidence<\/span> and was not a gift, such contributed property shall retain its original classification.\n\t\t\t\te. When marital property and separate property are commingled into newly acquired property resulting in the loss of identity of the contributing properties, the commingled property shall be deemed transmuted to marital property. However, to the extent the contributed property is retraceable by a preponderance of the evidence<\/span> and was not a gift, the contributed property shall retain its original classification.\n\t\t\t\tf. When separate property is retitled in the joint names of the parties, the retitled property shall be deemed transmuted to marital property. However, to the extent the property is retraceable by a preponderance of the evidence<\/span> and was not a gift, the retitled property shall retain its original classification.\n\t\t\t\tg. When the separate property of one party<\/span> is commingled into the separate property of the other party<\/span>, or the separate property of each party<\/span> is commingled into newly acquired property, to the extent the contributed property is retraceable by a preponderance of the evidence<\/span> and was not a gift, each party<\/span> shall be reimbursed the value of the contributed property in any award made pursuant to this section.\n\t\t\t\th. Subdivisions 3 d, e and f shall apply to jointly owned property. No presumption<\/span> of gift shall arise under this section where (i) separate property is commingled with jointly owned property; (ii) newly acquired property is conveyed into joint ownership; or (iii) existing property is conveyed or retitled into joint ownership. For purposes of this subdivision 3, property is jointly owned when it is titled in the name of both parties, whether as joint tenants, tenants by the entireties, or otherwise. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Separate debt is (i) all debt incurred by either party<\/span> before the marriage, (ii) all debt incurred by either party<\/span> after the date of the last separation of the parties, if at such time or thereafter at least one of the parties intends that the separation be permanent, and (iii) that part of any debt classified as separate pursuant to subdivision 5. However, to the extent that a party<\/span> can show by a preponderance of the evidence<\/span> that the debt was incurred for the benefit of the marriage or family, the court<\/span> may designate the debt as marital. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Marital debt is (i) all debt incurred in the joint names of the parties before the date of the last separation of the parties, if at such time or thereafter at least one of the parties intends that the separation be permanent, whether incurred before or after the date of the marriage, and (ii) all debt incurred in either party<\/span>’s name after the date of the marriage and before the date of the last separation of the parties, if at such time or thereafter at least one of the parties intends that the separation be permanent. However, to the extent that a party<\/span> can show by a preponderance of the evidence<\/span> that the debt, or a portion thereof, was incurred, or the proceeds secured by incurring the debt were used, in whole or in part, for a nonmarital purpose, the court<\/span> may designate the entire debt as separate or a portion of the debt as marital and a portion of the debt as separate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For the purposes of this section only, both parties shall be deemed to have rights and interests in the marital property. However, such interests and rights shall not attach to the legal title of such property and are only to be used as a consideration in determining a monetary award, if any, as provided in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Except as provided in subsection G, the court<\/span> shall have no authority to order<\/span> the division or transfer of separate property or marital property, or separate or marital debt, which is not jointly owned or owed. However, upon a finding<\/span> that separate property of one party<\/span> is in the possession<\/span> or control of the other party<\/span>, the court<\/span> may order<\/span> that the property be transferred to the party<\/span> whose separate property it is. The court<\/span> may, based upon the factors listed in subsection E, divide or transfer or order<\/span> the division or transfer, or both, of jointly owned marital property, jointly owed marital debt, or any part thereof. The court<\/span> shall also have the authority to apportion and order<\/span> the payment of the debts of the parties, or either of them, that are incurred prior to the dissolution of the marriage, based upon the factors listed in subsection E.\n\t\t\tAs a means of dividing or transferring the jointly owned marital property, the court<\/span> may transfer or order<\/span> the transfer of real or personal property or any interest therein to one of the parties, permit either party<\/span> to purchase the interest of the other and direct the allocation of the proceeds, provided the party<\/span> purchasing the interest of the other agrees to assume any indebtedness secured by the property, or order<\/span> its sale by private sale by the parties, through such agent as the court<\/span> shall direct, or by public sale as the court<\/span> shall direct without the necessity for partition<\/span>. All decrees<\/span> entered prior to July 1, 1991, which are final and not subject to further proceedings on appeal<\/span> as of that date, which divide or transfer or order<\/span> the division or transfer of property directly between the parties are hereby validated and deemed self-executing. All orders<\/span> or decrees<\/span> which divide or transfer or order<\/span> division or transfer of real property between the parties shall be recorded and indexed in the names of the parties in the appropriate grantor and grantee indexes in the land records in the clerk’s office of the circuit<\/span> court<\/span> of the county or city in which the property is located. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In addition, based upon (i) the equities and the rights and interests of each party<\/span> in the marital property, and (ii) the factors listed in subsection E, the court has the power to grant a monetary award, payable either in a lump sum or over a period of time in fixed amounts, to either party<\/span>. The party<\/span> against whom a monetary award is made may satisfy the award, in whole or in part, by conveyance of property, subject to the approval of the court. An award entered pursuant to this subsection shall constitute a judgment<\/span> within the meaning of § 8.01-426<\/a> and shall not be docketed by the clerk unless the decree<\/span> so directs. An award entered pursuant to this subsection may be enforceable in the same manner as any other money judgment<\/span>. The provisions of § 8.01-382<\/a>, relating to interest on judgments<\/span>, shall apply unless the court orders<\/span> otherwise.\n\t\t\tAny marital property, which has been considered or ordered transferred in granting the monetary award under this section, shall not thereafter be the subject of a suit between the same parties to transfer title or possession<\/span> of such property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The amount of any division or transfer of jointly owned marital property, and the amount of any monetary award, the apportionment of marital debts, and the method of payment shall be determined by the court after consideration of the following factors: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The contributions, monetary and nonmonetary, of each party<\/span> to the well-being of the family; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The contributions, monetary and nonmonetary, of each party<\/span> in the acquisition and care and maintenance of such marital property of the parties; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The duration of the marriage; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The ages and physical and mental condition of the parties; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The circumstances and factors which contributed to the dissolution of the marriage, specifically including any ground for divorce under the provisions of subdivision A (1), (3) or (6) of § 20-91<\/a> or § 20-95<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> How and when specific items of such marital property were acquired; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The liquid or nonliquid character of all marital property; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> The tax consequences to each party<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> The use or expenditure of marital property by either of the parties for a nonmarital separate purpose or the dissipation of such funds, when such was done in anticipation of divorce or separation or after the last separation of the parties; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Such other factors as the court deems necessary or appropriate to consider in order<\/span> to arrive at a fair and equitable<\/span> monetary award. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The court shall determine the amount of any such monetary award without regard to maintenance and support awarded for either party<\/span> or support for the minor<\/span> children of both parties and shall, after or at the time of such determination and upon motion<\/span> of either party<\/span>, consider whether an order<\/span> for support and maintenance of a spouse or children shall be entered or, if previously entered, whether such order<\/span> shall be modified or vacated. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> In addition to the monetary award made pursuant to subsection D, and upon consideration of the factors set forth in subsection E: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The court may direct payment of a percentage of the marital share<\/span> of any pension, profit-sharing or deferred compensation plan, or retirement benefits, whether vested or nonvested, that constitutes marital property and whether payable in a lump sum or over a period of time. The court may order<\/span> direct payment of such percentage of the marital share<\/span> by direct assignment to a party<\/span> from the employer trustee, plan administrator, or other holder of the benefits. However, the court shall only direct that payment be made as such benefits are payable. No such payment shall exceed 50 percent of the marital share<\/span> of the cash benefits actually received by the party<\/span> against whom such award is made. “Marital share<\/span>” means that portion of the total interest, the right to which was earned during the marriage and before the last separation of the parties, if at such time or thereafter at least one of the parties intended that the separation be permanent. Any determination of military retirement benefits shall be in accordance with the federal Uniformed Services Former Spouses’ Protection Act (10 U.S.C. 1408 et seq.). If the court enters an order<\/span> to distribute any Virginia Retirement System managed defined contribution plan, the Virginia Retirement System shall, if ordered by the court, calculate and include in such distribution gains and losses from the valuation date specified in the order<\/span> through the date of distribution of the benefits, but only to the extent possible based on the information available to the Virginia Retirement System. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To the extent permitted by federal or other applicable law<\/span>, the court may order<\/span> a party<\/span> to designate a spouse or former spouse as irrevocable beneficiary during the lifetime of the beneficiary of all or a portion of any survivor benefit or annuity plan of whatsoever nature, but not to include a life insurance policy except to the extent permitted by § 20-107.1:1<\/a>. The court, in its discretion, shall determine as between the parties, who shall bear the costs of maintaining such plan. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> In addition to the monetary award made pursuant to subsection D, and upon consideration of the factors set forth in subsection E, the court may direct payment of a percentage of the marital share<\/span> of any personal injury or workers’ compensation recovery of either party<\/span>, whether such recovery is payable in a lump sum or over a period of time. However, the court shall only direct that payment be made as such recovery is payable, whether by settlement<\/span>, jury<\/span> award, court award, or otherwise. “Marital share<\/span>” means that part of the total personal injury or workers’ compensation recovery attributable to lost wages or medical expenses to the extent not covered by health insurance accruing during the marriage and before the last separation of the parties, if at such time or thereafter at least one of the parties intended that the separation be permanent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Nothing in this section shall be construed to prevent the affirmation, ratification and incorporation in a decree<\/span> of an agreement between the parties pursuant to §§ 20-109<\/a> and 20-109.1<\/a>. Agreements, otherwise valid as contracts<\/span>, entered into between spouses prior to the marriage shall be recognized and enforceable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> A court of proper jurisdiction<\/span> under § 20-96<\/a> may exercise the powers conferred by this section after a court of a foreign jurisdiction<\/span> has decreed a dissolution of a marriage or a divorce from the bond<\/span> of matrimony, if (i) one of the parties was domiciled in this Commonwealth when the foreign proceedings were commenced, (ii) the foreign court did not have personal jurisdiction<\/span> over the party<\/span> domiciled in the Commonwealth, (iii) the proceeding is initiated within two years of receipt of notice of the foreign decree<\/span> by the party<\/span> domiciled in the Commonwealth, and (iv) the court obtains personal jurisdiction<\/span> over the parties pursuant to subdivision A 9 of § 8.01-328.1<\/a>, or in any other manner permitted by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> The court shall have the continuing authority and jurisdiction<\/span> to make any additional orders necessary to effectuate and enforce any order<\/span> entered pursuant to this section, including the authority to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Order<\/span> a date certain for transfer or division of any jointly owned property under subsection C or payment of any monetary award under subsection D; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Punish as contempt of court<\/span> any willful failure of a party<\/span> to comply with the provisions of any order<\/span> made by the court under this section; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Appoint a special commissioner to transfer any property under subsection C where a party<\/span> refuses to comply with the order<\/span> of the court to transfer such property; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Modify any order<\/span> entered in a case filed on or after July 1, 1982, intended to affect or divide any pension, profit-sharing or deferred compensation plan or retirement benefits pursuant to the United States Internal Revenue Code or other applicable federal laws<\/span>, only for the purpose of establishing or maintaining the order<\/span> as a qualified domestic relations order<\/span> or to revise or conform its terms so as to effectuate the expressed intent<\/span> of the order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> If it appears upon or after the entry of a final decree<\/span> of divorce from the bond<\/span> of matrimony that neither party<\/span> resides in the city or county of the circuit<\/span> court that entered the decree<\/span>, the court may, on the motion<\/span> of any party<\/span> or on its own motion<\/span>, transfer to the circuit<\/span> court for the city or county where either party<\/span> resides the authority to make additional orders pursuant to subsection K or to carry out or enforce any stipulation<\/span>, contract<\/span>, or agreement between the parties that has been affirmed<\/span>, ratified, and incorporated by reference pursuant to § 20-109.1<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOURT MAY DECREE AS TO PROPERTY AND DEBTS OF THE PARTIES (\u00a7 20-107.3)\n\nA. Upon decreeing the dissolution of a marriage, and also upon decreeing a\ndivorce from the bond of matrimony, or upon the filing with the court as\nprovided in subsection J of a certified copy of a final divorce decree obtained\nwithout the Commonwealth, the court, upon request of either party, (i) shall\ndetermine the legal title as between the parties, and the ownership and value of\nall property, real or personal, tangible or intangible, of the parties and shall\nconsider which of such property is separate property, which is marital property,\nand which is part separate and part marital property in accordance with\nsubdivision 3 and (ii) shall determine the nature of all debts of the parties,\nor either of them, and shall consider which of such debts is separate debt and\nwhich is marital debt. The court shall determine the value of any such property\nas of the date of the evidentiary hearing on the evaluation issue. The court\nshall determine the amount of any such debt as of the date of the last\nseparation of the parties, if at such time or thereafter at least one of the\nparties intends that the separation be permanent, and the extent to which such\ndebt has increased or decreased from the date of separation until the date of\nthe evidentiary hearing. Upon motion of either party made no less than 21 days\nbefore the evidentiary hearing the court may, for good cause shown, in order to\nattain the ends of justice, order that a different valuation date be used. The\ncourt, on the motion of either party, may retain jurisdiction in the final\ndecree of divorce to adjudicate the remedy provided by this section when the\ncourt determines that such action is clearly necessary, and all decrees\nheretofore entered retaining such jurisdiction are validated.\n\n 1. Separate property is (i) all property, real and personal, acquired by\n either party before the marriage; (ii) all property acquired during the\n marriage by bequest, devise, descent, survivorship or gift from a source other\n than the other party; (iii) all property acquired during the marriage in\n exchange for or from the proceeds of sale of separate property, provided that\n such property acquired during the marriage is maintained as separate property;\n and (iv) that part of any property classified as separate pursuant to\n subdivision 3. Income received from separate property during the marriage is\n separate property if not attributable to the personal effort of either party.\n The increase in value of separate property during the marriage is separate\n property, unless marital property or the personal efforts of either party have\n contributed to such increases and then only to the extent of the increases in\n value attributable to such contributions. The personal efforts of either party\n must be significant and result in substantial appreciation of the separate\n property if any increase in value attributable thereto is to be considered\n marital property.\n\n 2. Marital property is (i) all property titled in the names of both parties,\n whether as joint tenants, tenants by the entirety or otherwise, except as\n provided by subdivision 3, (ii) that part of any property classified as\n marital pursuant to subdivision 3, or (iii) all other property acquired by\n each party during the marriage which is not separate property as defined\n above. All property including that portion of pensions, profit-sharing or\n deferred compensation or retirement plans of whatever nature, acquired by\n either spouse during the marriage, and before the last separation of the\n parties, if at such time or thereafter at least one of the parties intends\n that the separation be permanent, is presumed to be marital property in the\n absence of satisfactory evidence that it is separate property. For purposes of\n this section marital property is presumed to be jointly owned unless there is\n a deed, title or other clear indicia that it is not jointly owned.\n\n 3. The court shall classify property as part marital property and part\n separate property as follows:\n \t\t\t\ta. In the case of income received from separate property during the\n marriage, such income shall be marital property only to the extent it is\n attributable to the personal efforts of either party. In the case of the\n increase in value of separate property during the marriage, such increase in\n value shall be marital property only to the extent that marital property or\n the personal efforts of either party have contributed to such increases,\n provided that any such personal efforts must be significant and result in\n substantial appreciation of the separate property.\n \t\t\t\tFor purposes of this subdivision, the nonowning spouse shall bear the\n burden of proving that (i) contributions of marital property or personal\n effort were made and (ii) the separate property increased in value. Once this\n burden of proof is met, the owning spouse shall bear the burden of proving\n that the increase in value or some portion thereof was not caused by\n contributions of marital property or personal effort.\n \t\t\t\t“Personal effort” of a party shall be deemed to be labor,\n effort, inventiveness, physical or intellectual skill, creativity, or\n managerial, promotional or marketing activity applied directly to the separate\n property of either party.\n \t\t\t\tb. In the case of any pension, profit-sharing, or deferred compensation\n plan or retirement benefit, the marital share as defined in subsection G shall\n be marital property.\n \t\t\t\tc. In the case of any personal injury or workers’ compensation\n recovery of either party, the marital share as defined in subsection H shall\n be marital property.\n \t\t\t\td. When marital property and separate property are commingled by\n contributing one category of property to another, resulting in the loss of\n identity of the contributed property, the classification of the contributed\n property shall be transmuted to the category of property receiving the\n contribution. However, to the extent the contributed property is retraceable\n by a preponderance of the evidence and was not a gift, such contributed\n property shall retain its original classification.\n \t\t\t\te. When marital property and separate property are commingled into newly\n acquired property resulting in the loss of identity of the contributing\n properties, the commingled property shall be deemed transmuted to marital\n property. However, to the extent the contributed property is retraceable by a\n preponderance of the evidence and was not a gift, the contributed property\n shall retain its original classification.\n \t\t\t\tf. When separate property is retitled in the joint names of the parties,\n the retitled property shall be deemed transmuted to marital property. However,\n to the extent the property is retraceable by a preponderance of the evidence\n and was not a gift, the retitled property shall retain its original\n classification.\n \t\t\t\tg. When the separate property of one party is commingled into the separate\n property of the other party, or the separate property of each party is\n commingled into newly acquired property, to the extent the contributed\n property is retraceable by a preponderance of the evidence and was not a gift,\n each party shall be reimbursed the value of the contributed property in any\n award made pursuant to this section.\n \t\t\t\th. Subdivisions 3 d, e and f shall apply to jointly owned property. No\n presumption of gift shall arise under this section where (i) separate property\n is commingled with jointly owned property; (ii) newly acquired property is\n conveyed into joint ownership; or (iii) existing property is conveyed or\n retitled into joint ownership. For purposes of this subdivision 3, property is\n jointly owned when it is titled in the name of both parties, whether as joint\n tenants, tenants by the entireties, or otherwise.\n\n 4. Separate debt is (i) all debt incurred by either party before the marriage,\n (ii) all debt incurred by either party after the date of the last separation\n of the parties, if at such time or thereafter at least one of the parties\n intends that the separation be permanent, and (iii) that part of any debt\n classified as separate pursuant to subdivision 5. However, to the extent that\n a party can show by a preponderance of the evidence that the debt was incurred\n for the benefit of the marriage or family, the court may designate the debt as\n marital.\n\n 5. Marital debt is (i) all debt incurred in the joint names of the parties\n before the date of the last separation of the parties, if at such time or\n thereafter at least one of the parties intends that the separation be\n permanent, whether incurred before or after the date of the marriage, and (ii)\n all debt incurred in either party’s name after the date of the marriage\n and before the date of the last separation of the parties, if at such time or\n thereafter at least one of the parties intends that the separation be\n permanent. However, to the extent that a party can show by a preponderance of\n the evidence that the debt, or a portion thereof, was incurred, or the\n proceeds secured by incurring the debt were used, in whole or in part, for a\n nonmarital purpose, the court may designate the entire debt as separate or a\n portion of the debt as marital and a portion of the debt as separate.\n\nB. For the purposes of this section only, both parties shall be deemed to have\nrights and interests in the marital property. However, such interests and rights\nshall not attach to the legal title of such property and are only to be used as\na consideration in determining a monetary award, if any, as provided in this\nsection.\n\nC. Except as provided in subsection G, the court shall have no authority to\norder the division or transfer of separate property or marital property, or\nseparate or marital debt, which is not jointly owned or owed. However, upon a\nfinding that separate property of one party is in the possession or control of\nthe other party, the court may order that the property be transferred to the\nparty whose separate property it is. The court may, based upon the factors\nlisted in subsection E, divide or transfer or order the division or transfer, or\nboth, of jointly owned marital property, jointly owed marital debt, or any part\nthereof. The court shall also have the authority to apportion and order the\npayment of the debts of the parties, or either of them, that are incurred prior\nto the dissolution of the marriage, based upon the factors listed in subsection\nE.\n\t\t\tAs a means of dividing or transferring the jointly owned marital property,\nthe court may transfer or order the transfer of real or personal property or any\ninterest therein to one of the parties, permit either party to purchase the\ninterest of the other and direct the allocation of the proceeds, provided the\nparty purchasing the interest of the other agrees to assume any indebtedness\nsecured by the property, or order its sale by private sale by the parties,\nthrough such agent as the court shall direct, or by public sale as the court\nshall direct without the necessity for partition. All decrees entered prior to\nJuly 1, 1991, which are final and not subject to further proceedings on appeal\nas of that date, which divide or transfer or order the division or transfer of\nproperty directly between the parties are hereby validated and deemed\nself-executing. All orders or decrees which divide or transfer or order division\nor transfer of real property between the parties shall be recorded and indexed\nin the names of the parties in the appropriate grantor and grantee indexes in\nthe land records in the clerk’s office of the circuit court of the county\nor city in which the property is located.\n\nD. In addition, based upon (i) the equities and the rights and interests of each\nparty in the marital property, and (ii) the factors listed in subsection E, the\ncourt has the power to grant a monetary award, payable either in a lump sum or\nover a period of time in fixed amounts, to either party. The party against whom\na monetary award is made may satisfy the award, in whole or in part, by\nconveyance of property, subject to the approval of the court. An award entered\npursuant to this subsection shall constitute a judgment within the meaning of\n§ 8.01-426 and shall not be docketed by the clerk unless the decree so\ndirects. An award entered pursuant to this subsection may be enforceable in the\nsame manner as any other money judgment. The provisions of § 8.01-382,\nrelating to interest on judgments, shall apply unless the court orders\notherwise.\n\t\t\tAny marital property, which has been considered or ordered transferred in\ngranting the monetary award under this section, shall not thereafter be the\nsubject of a suit between the same parties to transfer title or possession of\nsuch property.\n\nE. The amount of any division or transfer of jointly owned marital property, and\nthe amount of any monetary award, the apportionment of marital debts, and the\nmethod of payment shall be determined by the court after consideration of the\nfollowing factors:\n\n 1. The contributions, monetary and nonmonetary, of each party to the\n well-being of the family;\n\n 2. The contributions, monetary and nonmonetary, of each party in the\n acquisition and care and maintenance of such marital property of the parties;\n\n 3. The duration of the marriage;\n\n 4. The ages and physical and mental condition of the parties;\n\n 5. The circumstances and factors which contributed to the dissolution of the\n marriage, specifically including any ground for divorce under the provisions\n of subdivision A (1), (3) or (6) of § 20-91 or § 20-95;\n\n 6. How and when specific items of such marital property were acquired;\n\n 7. The debts and liabilities of each spouse, the basis for such debts and\n liabilities, and the property which may serve as security for such debts and\n liabilities;\n\n 8. The liquid or nonliquid character of all marital property;\n\n 9. The tax consequences to each party;\n\n 10. The use or expenditure of marital property by either of the parties for a\n nonmarital separate purpose or the dissipation of such funds, when such was\n done in anticipation of divorce or separation or after the last separation of\n the parties; and\n\n 11. Such other factors as the court deems necessary or appropriate to consider\n in order to arrive at a fair and equitable monetary award.\n\nF. The court shall determine the amount of any such monetary award without\nregard to maintenance and support awarded for either party or support for the\nminor children of both parties and shall, after or at the time of such\ndetermination and upon motion of either party, consider whether an order for\nsupport and maintenance of a spouse or children shall be entered or, if\npreviously entered, whether such order shall be modified or vacated.\n\nG. In addition to the monetary award made pursuant to subsection D, and upon\nconsideration of the factors set forth in subsection E:\n\n 1. The court may direct payment of a percentage of the marital share of any\n pension, profit-sharing or deferred compensation plan, or retirement benefits,\n whether vested or nonvested, that constitutes marital property and whether\n payable in a lump sum or over a period of time. The court may order direct\n payment of such percentage of the marital share by direct assignment to a\n party from the employer trustee, plan administrator, or other holder of the\n benefits. However, the court shall only direct that payment be made as such\n benefits are payable. No such payment shall exceed 50 percent of the marital\n share of the cash benefits actually received by the party against whom such\n award is made. “Marital share” means that portion of the total\n interest, the right to which was earned during the marriage and before the\n last separation of the parties, if at such time or thereafter at least one of\n the parties intended that the separation be permanent. Any determination of\n military retirement benefits shall be in accordance with the federal Uniformed\n Services Former Spouses’ Protection Act (10 U.S.C. 1408 et seq.). If the\n court enters an order to distribute any Virginia Retirement System managed\n defined contribution plan, the Virginia Retirement System shall, if ordered by\n the court, calculate and include in such distribution gains and losses from\n the valuation date specified in the order through the date of distribution of\n the benefits, but only to the extent possible based on the information\n available to the Virginia Retirement System.\n\n 2. To the extent permitted by federal or other applicable law, the court may\n order a party to designate a spouse or former spouse as irrevocable\n beneficiary during the lifetime of the beneficiary of all or a portion of any\n survivor benefit or annuity plan of whatsoever nature, but not to include a\n life insurance policy except to the extent permitted by § 20-107.1:1. The\n court, in its discretion, shall determine as between the parties, who shall\n bear the costs of maintaining such plan.\n\nH. In addition to the monetary award made pursuant to subsection D, and upon\nconsideration of the factors set forth in subsection E, the court may direct\npayment of a percentage of the marital share of any personal injury or\nworkers’ compensation recovery of either party, whether such recovery is\npayable in a lump sum or over a period of time. However, the court shall only\ndirect that payment be made as such recovery is payable, whether by settlement,\njury award, court award, or otherwise. “Marital share” means that\npart of the total personal injury or workers’ compensation recovery\nattributable to lost wages or medical expenses to the extent not covered by\nhealth insurance accruing during the marriage and before the last separation of\nthe parties, if at such time or thereafter at least one of the parties intended\nthat the separation be permanent.\n\nI. Nothing in this section shall be construed to prevent the affirmation,\nratification and incorporation in a decree of an agreement between the parties\npursuant to §§ 20-109 and 20-109.1. Agreements, otherwise valid as\ncontracts, entered into between spouses prior to the marriage shall be\nrecognized and enforceable.\n\nJ. A court of proper jurisdiction under § 20-96 may exercise the powers\nconferred by this section after a court of a foreign jurisdiction has decreed a\ndissolution of a marriage or a divorce from the bond of matrimony, if (i) one of\nthe parties was domiciled in this Commonwealth when the foreign proceedings were\ncommenced, (ii) the foreign court did not have personal jurisdiction over the\nparty domiciled in the Commonwealth, (iii) the proceeding is initiated within\ntwo years of receipt of notice of the foreign decree by the party domiciled in\nthe Commonwealth, and (iv) the court obtains personal jurisdiction over the\nparties pursuant to subdivision A 9 of § 8.01-328.1, or in any other manner\npermitted by law.\n\nK. The court shall have the continuing authority and jurisdiction to make any\nadditional orders necessary to effectuate and enforce any order entered pursuant\nto this section, including the authority to:\n\n 1. Order a date certain for transfer or division of any jointly owned property\n under subsection C or payment of any monetary award under subsection D;\n\n 2. Punish as contempt of court any willful failure of a party to comply with\n the provisions of any order made by the court under this section;\n\n 3. Appoint a special commissioner to transfer any property under subsection C\n where a party refuses to comply with the order of the court to transfer such\n property; and\n\n 4. Modify any order entered in a case filed on or after July 1, 1982, intended\n to affect or divide any pension, profit-sharing or deferred compensation plan\n or retirement benefits pursuant to the United States Internal Revenue Code or\n other applicable federal laws, only for the purpose of establishing or\n maintaining the order as a qualified domestic relations order or to revise or\n conform its terms so as to effectuate the expressed intent of the order.\n\nL. If it appears upon or after the entry of a final decree of divorce from the\nbond of matrimony that neither party resides in the city or county of the\ncircuit court that entered the decree, the court may, on the motion of any party\nor on its own motion, transfer to the circuit court for the city or county where\neither party resides the authority to make additional orders pursuant to\nsubsection K or to carry out or enforce any stipulation, contract, or agreement\nbetween the parties that has been affirmed, ratified, and incorporated by\nreference pursuant to § 20-109.1.\n\nHISTORY: 1982, c. 309; 1984, c. 649; 1985, cc. 4, 442; 1986, cc. 533, 537; 1988,\ncc. 745, 746, 747, 825, 880; 1989, c. 70; 1990, cc. 636, 764; 1991, cc. 632,\n640, 698; 1992, c. 88; 1993, c. 79; 2004, cc. 654, 757; 2006, c. 260; 2010, c.\n506; 2011, c. 655; 2012, c. 144; 2016, c. 559; 2017, c. 797; 2019, c. 304; 2022,\nc. 438.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}