Property division during divorce may not always be as straightforward as the divorcing couple would like. When complex or high-value assets, such as a business, are involved, there can be challenges divorcing couples should be prepared for so that they can take them head on and protect their interests.
Property division in Virginia is performed equitably so it is helpful for divorcing couples to understand what that means for them and for their property. Equitable property division means that property will be divided fairly between the divorcing couple. The family law court will consider factors such as the length of the marriage, why it ended, any marital fault and any domestic violence that was present when making a property division determination.
While marital property is divided between the divorcing couple, and generally refers to property and assets acquired by the spouses during the marriage, some assets may be more complicated to divide. One example is if the divorcing couple owns a business. It will be necessary to go through the business valuation process which examines how ownership of the business was shared; the real estate of the business; the ownership in shares of the company or other investments; and any benefit plans and retirement plans of the couple.
Property division can be challenging during the divorce process and especially so when high-value assets or a business must be valued and divided. It is useful for divorcing couples to have trained guidance through this process to help them develop and equitable and fair property division settlement agreement both of them can live with.