Virginia Beach Property Division Lawyer
757-337-2500
Dividing Marital Property and Debt Throughout Virginia Beach
Dividing a lifetime of shared property is one of the most consequential parts of any divorce. Your home, your retirement, a business you built, and the debts you carry are all on the table, and the decisions made during your divorce can affect your finances for decades. Unlike many parts of a case, property division is difficult or impossible to undo once the divorce is final, which is why getting it right the first time matters so much.
At Invictus Law, we help clients throughout Virginia Beach and the Hampton Roads region protect their financial interests in divorce — from classifying and valuing assets to dividing retirement accounts, military pensions, and business interests. Our family law team understands both the law and the practical realities of building a fair division that positions you for the future.
Whether your case settles through negotiation or requires courtroom advocacy, our goal is the same: a clear-eyed strategy that protects what you have worked for.
Understanding Equitable Distribution in Virginia
Virginia is an equitable distribution state, not a community property state — and the difference matters. Under Virginia Code § 20-107.3, marital property is divided in a way the court considers fair, which is not automatically an equal 50/50 split. While many cases do land near an even division, the court has discretion to divide property differently based on the circumstances.
Virginia courts follow a three-step process: first, classifying every asset and debt; second, determining its value; and third, dividing the marital estate based on the statutory factors. Getting the first step right is critical because classification determines what is even subject to division.
Marital, Separate, and Hybrid Property
Every asset and debt in a Virginia divorce falls into one of three categories:
- Marital property — generally, everything acquired by either spouse between the date of marriage and the date of separation, regardless of whose name is on the title.
- Separate property — property owned before the marriage, inheritances, and gifts from someone other than the spouse, as long as it is kept separate.
- Hybrid property — property that is part marital and part separate, such as a home bought before marriage but paid down with marital income.
Only marital property and the marital portion of hybrid property is divided. Each spouse keeps their own separate property. But the lines blur easily: when separate funds are mixed with marital funds — called commingling — separate property can be treated as marital unless it can be carefully traced. The burden of proving something is separate falls on the spouse who claims it, which makes documentation and tracing a central part of many cases.
How Invictus Law
Can Help
Property division is not passive for us. It is a disciplined process designed to protect your financial interests and position you for the future.
Case Assessment
We begin by understanding your assets, debts, and priorities, and by identifying the issues, tracing, valuation and retirement division that will shape your case.
Goal Planning
Every client’s priorities are different. This includes keeping the home, protecting a business or securing a fair share of retirement. We build a plan around what matters most to you.
Discovery and Valuation
We gather the financial records, account statements, and documentation needed to classify and value property accurately, working with appraisers and financial experts where the assets require it.
Strategy and Negotiation
We develop a strategy tailored to your circumstances and pursue a fair resolution through negotiation or settlement wherever possible.
Courtroom Advocacy When Needed
When a fair agreement is not possible, we present your case in the Virginia Beach Circuit Court — arguing classification, valuation, and the statutory factors on your behalf.
Implementation
After a resolution, we help ensure QDROs, military pension orders, and property transfers are prepared correctly, so your division is actually carried out as intended.
What the Court Considers
When dividing marital property, Virginia Code § 20-107.3(E) requires the court to weigh a range of factors, including:
- The monetary and non-monetary contributions of each spouse to the family and the marriage
- Each spouse’s contributions to acquiring, caring for, and maintaining the property
- The duration of the marriage and the ages and health of each spouse
- The circumstances that contributed to the divorce, including fault such as adultery
- How and when property was acquired
- The debts and liabilities of each spouse
- The liquid or non-liquid nature of the property and the tax consequences of division
Because the court has broad discretion in applying these factors, presenting clear evidence on each one can make a meaningful difference in the outcome.
Complex Assets We Help Divide
Property division is rarely as simple as splitting a bank account. We regularly help clients address:
- The marital home — often the largest and most emotional asset, which may be sold, refinanced, or bought out by one spouse.
- Retirement accounts and pensions — 401(k)s, IRAs, the Thrift Savings Plan, and pensions, typically divided using a Qualified Domestic Relations Order (QDRO) to avoid taxes and penalties.
- Military retired pay — governed by its own federal rules, discussed below.
- Business interests — closely held businesses and professional practices, which often require expert valuation.
- Investment and financial accounts — where timing and market fluctuations can matter.
- Marital debt — which is divided along with assets.
The Marital Home and Local Valuation
For many families, the home is the centerpiece of the property division. Dividing it means reconciling what the City of Virginia Beach lists as its assessed value with its true market value — figures that often differ — and then deciding whether to sell and split the proceeds, refinance, or have one spouse buy out the other’s interest. Each path carries different financial and tax implications, and the right choice depends on your goals and circumstances.
Dividing a Military Pension: What Hampton Roads Families Need to Know
Property division carries particular weight in a region defined by military service. Hampton Roads is home to roughly 100,000 active-duty personnel and a large community of military retirees, which makes a military pension one of the most valuable — and most frequently divided — assets in local divorces. And dividing military retired pay follows its own federal rules that general practitioners often overlook.
Military pension division is governed by the federal Uniformed Services Former Spouses’ Protection Act (USFSPA), but Virginia’s equitable distribution law still decides how the marital share is divided. A few points are commonly misunderstood:
- The “10/10 rule” determines whether the Defense Finance and Accounting Service (DFAS) will pay a former spouse directly — it requires 10 years of marriage overlapping 10 years of service. It does not, by itself, decide whether a former spouse is entitled to a share; a court can still divide a pension with less overlap.
- A 50 percent cap applies to what DFAS will pay a former spouse directly out of disposable retired pay.
- The “Frozen Benefit Rule” (from the 2017 National Defense Authorization Act) means that for a service member still serving, the marital share is generally calculated using the member’s rank and years of service at the time of the divorce — not at retirement.
Because the order dividing a military pension must be drafted to meet strict federal requirements, small mistakes can have lasting financial consequences for either spouse. This is an area where experience genuinely matters.
Why Choose Invictus Law for Property Division
A Family Law Team That Handles Complex Assets
We focus our practice on family law and criminal defense, and we regularly handle divorces involving retirement accounts, businesses, and high-value or hard-to-value property.
Rooted in Hampton Roads
We regularly appear in the Virginia Beach Circuit Court and courts throughout Hampton Roads, and we understand the local procedures and practical considerations that shape these cases.
Real Experience With Military Divorce
Because our firm was founded by a former military attorney and serves one of the nation’s largest military communities, we understand the federal rules that govern military pension division and how they interact with Virginia law.
Process-Driven Representation
We follow a structured process that ensures every case receives consistent attention, careful preparation, and proactive communication.
What Makes Invictus Law Different
A Unique Combination
Concentrated Focus
Certified Guardians ad Litem
Military Issues Experience
Local Experience Matters
Process-Driven Representation
Our Attorneys
Rather than working in isolation, our attorneys regularly discuss complex legal issues, evaluate strategy, and draw upon one another’s courtroom experience. That means every client benefits from the collective knowledge of the firm—not just the experience of the attorney assigned to the case.
Eric Leckie
Founding Attorney. Marine Corps JAG. Former Prosecutor.
Founder of Invictus Law and a former United States Marine Corps Judge Advocate with over 23 years of trial experience in federal criminal defense, military law, and security clearance matters.
Shemeka Hankins
Former Prosecutor, Decorated Trial Attorney & Fearless Criminal Defense Lawyer
Partner. Former Prosecutor with the Virginia Beach and Norfolk Commonwealth Attorney's Office, recognized as a Super Lawyers Rising Star and Virginia State Bar Local Bar Leader of the Year.
Yolanda Beasley
Family Law and Trial Attorney. Certified Guardian ad Litem.
Virginia Beach native and certified Guardian ad Litem recognized as a Super Lawyers Rising Star (2023, 2024) and National Black Lawyers Top 40 Under 40.
Reviews & Results
Frequently Asked Questions
Is Virginia a 50/50 state for property division?
No. Virginia is an equitable distribution state, which means marital property is divided fairly — not automatically equally. Many cases end up near an even split, but under Virginia Code § 20-107.3 the court can divide property differently based on factors such as each spouse’s contributions, the length of the marriage, and the circumstances of the divorce.
What is the difference between marital and separate property?
Marital property is generally everything acquired by either spouse during the marriage, regardless of whose name is on it. Separate property includes what you owned before marriage, plus inheritances and gifts from someone other than your spouse, as long as it is kept separate. Property that mixes the two is “hybrid,” and only the marital portion is divided. Keeping separate property truly separate — and being able to trace it — is often key.
How are retirement accounts divided in a Virginia divorce?
Only the portion of a retirement account earned during the marriage is marital property subject to division. Accounts like 401(k)s, IRAs, and the Thrift Savings Plan, as well as pensions, are typically divided using a Qualified Domestic Relations Order (QDRO) or similar order, which allows the funds to be divided without immediate taxes or penalties. These orders must be drafted carefully to be enforceable.
How is a military pension divided?
Military retired pay is divided under the federal USFSPA, while Virginia law determines how the marital share is split. Only the marital portion is divisible, and special rules apply — including the 10/10 rule for direct payment from DFAS and the Frozen Benefit Rule, which bases the marital share on the service member’s rank and years of service at the time of divorce for those still serving. Because the order must meet strict federal requirements, experience with military divorce is important.
What happens to our house in the divorce?
The marital home can be sold with the proceeds divided, refinanced, or bought out by one spouse. Deciding requires reconciling the assessed value with the true market value and weighing the financial and tax implications of each option. The right choice depends on your goals, your finances, and the overall division of property.
Where is a property division case heard in Virginia Beach?
Divorce and equitable distribution matters in Virginia are handled in circuit court — for local residents, the Virginia Beach Circuit Court. Property division is decided as part of the divorce, and the court applies the factors in Virginia Code § 20-107.3 to reach a fair division.
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