Military divorces can be fraught with challenges in addition to those that divorcing couples might face during the civilian divorce process. The legal process, however, provides resources to help guide divorcing military spouses every step of the way as they resolve divorce-related issues during their divorce including property division concerns.
The divorce process can be tough but it helps for divorcing couples in Virginia, including military couples, to understand what to expect. One concern many couples will having during the divorce process is property division. In general, Virginia follows equitable property division rules which means that property will be divided fairly. This does not necessarily mean the property will be divided in half as it is in some other states. It means that the court will look to a property division settlement that is fair to both parties.
It is important to keep in mind that in general, only marital property is subject to division. Marital property includes property acquired during the marriage which can include assets and income. Separate property, generally property that one spouse entered the marriage with along with a couple additional categories of property, is typically not subject to division. In Virginia, the court will consider a variety of factors to determine how property will be divided and will consider which spouse will make the best use of the property they are being awarded.
In circumstances of a military divorce, there are likely to be additional considerations including a military pension and some other categories of property that are unique to a military divorce and military couples. As a result, it is important for military couples who have made the decision to divorce to understand how the divorce process applies to their situation and circumstances.