Virginia Divorce – Equitable Distribution of Pre-Marital Property after the David Case

In Virginia, property that is owned pre-marriage is known as “separate property”. Separate property may consist of: tangible assets (e.g. automobiles, antiques, furniture), liquid assets (e.g. bank accounts, mutual funds, stocks), retirement assets (e.g., 401(k)s, TSPs, IRAs, pensions), real estate, and business interests Under §20-107.3 of the Virginia Code, the spouse who came into the marriage with the separate property is permitted to keep that property as his or her own individual property.