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FAQs

Is my inheritance from my parents subject to division in a divorce?

No. Separate property is defined as any property acquired by either spouse before the marriage and maintained separately after the marriage or any property acquired during the marriage by an inheritance or gift from a source other than your spouse.

Marital property is all property titled in both names of the spouses or acquired after the date of the marriage and before the date of separation. Some property may be characterized as part separate and part marital. For example, if you have a jointly titled house, it is presumed to be marital but may have a separate component if you made the down payment from a separate source of funds.

What is spousal support?

Spousal support is sometimes referred to as alimony. Spousal support is paid to a spouse in need by a spouse who has the income to do so. Spousal support may be awarded during the pendency of the divorce and for a period of years or indefinitely after the divorce. There is no presumptive guideline formula for spousal support utilized in the divorce court although there is one that may be utilized in a juvenile and domestic relations court. Child support, however, is calculation pursuant to a presumptive statutory guideline. Spousal support is taxable income to the payee, and tax deductible to the payor. Child support is neither.

How long does one have to be separated before one can get a no-fault divorce in Virginia?

Generally one year. Six months if the spouses have endorsed a Separation Agreement.