Marital Property Lawyer Virginia Beach, VA

After ten years of marriage, the couple sat at their kitchen table in Sandbridge, staring at a spreadsheet of everything they owned — the house near the Oceanfront, his Navy retirement account, her growing small business, and the joint brokerage account they had built together. They could agree on very little, but they both knew they needed a marital property lawyer who understood how Virginia Beach courts handle the division of assets. Marital property division in Virginia is not a simple 50/50 split. The state follows equitable distribution under Va. Code § 20-107.3, meaning a judge determines what is fair after weighing eleven statutory factors. This process can determine a family’s financial future for years to come. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys represent clients throughout Virginia Beach, Sandbridge, and Oceana in marital property and equitable distribution matters. To discuss your situation, reach the firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

On This Page

Understanding Marital Property in Virginia Beach, Virginia

Marital property in Virginia includes nearly everything acquired during the marriage, regardless of whose name is on the title. That means the house purchased together, the 401(k) contributions made while married, the boat docked at the Lynnhaven marina, and even the increased value of a business one spouse started before the wedding can all be subject to division. The Virginia Beach Circuit Court, located at 2425 Nimmo Parkway, handles all divorce and equitable distribution cases for the city. The court classifies property as marital, separate, or hybrid, then values each item and distributes it equitably — not necessarily equally.

Virginia Beach’s large military presence adds another layer of complexity. Service members stationed at Naval Air Station Oceana, Joint Expeditionary Base Little Creek, or Dam Neck often have military pensions, Survivor Benefit Plans, and Thrift Savings Plans that must be divided using specific federal rules and a Qualified Domestic Relations Order (QDRO). A mistake in drafting a QDRO can cost a spouse tens of thousands of dollars over a lifetime. The court also considers the parties’ contributions to the marriage, the length of the marriage, each spouse’s age and health, and the circumstances that led to the divorce. For couples who own a business in the Town Center area or rental properties near the Boardwalk, the valuation process may require forensic accountants and business appraisers. Because Virginia is an equitable distribution state rather than a community property state, the outcome can vary significantly from case to case, making experienced legal guidance essential.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Marital Property Cases

Mr. Sris and the firm’s Of Counsel attorneys approach every marital property matter by first identifying and classifying every asset and debt. They work with financial professionals to trace separate property — for instance, an inheritance a spouse received and kept in a separate account — and to value complex assets such as professional practices, stock options, and commercial real estate. Once the marital estate is understood, they negotiate with the other side to reach a settlement that reflects each client’s priorities. Many cases resolve through a marital settlement agreement rather than a trial. When litigation is necessary, Mr. Sris and the firm’s Of Counsel attorneys present valuation evidence and argue for an equitable distribution based on the statutory factors.

Mr. Sris has a thorough understanding of Virginia’s equitable distribution statute. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which addressed procedural issues in the division of retirement assets. This legislative experience informs the firm’s approach to QDROs and pension valuation. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to marital property matters. Results may vary.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His experience includes handling complex financial issues in divorce, and he works alongside the firm’s Of Counsel attorneys who bring backgrounds in law enforcement, prosecution, and high-stakes litigation. The firm’s Of Counsel team includes a former Virginia State Trooper and a former Maryland prosecutor, both of whom apply investigative and courtroom experience to family law matters. The firm’s Richmond location serves clients throughout Virginia Beach and the Hampton Roads region. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.

Frequently Asked Questions

Is Virginia a community property state?

No, Virginia is an equitable distribution state, not a community property state. This means marital property is divided fairly but not necessarily 50/50. The court considers eleven factors under Va. Code § 20-107.3, including each spouse’s contributions, the length of the marriage, and the reasons for the divorce. Separate property — such as pre-marital assets, gifts, and inheritances — is generally excluded from division. The Virginia Beach Circuit Court at 2425 Nimmo Parkway handles all property division for the city.

How is marital property divided in a Virginia Beach divorce?

Marital property is divided through a three-step process: classification, valuation, and distribution. First, the court determines whether each asset is marital, separate, or hybrid. Then it values every item — often with the help of appraisers, forensic accountants, and business valuation attorney. Finally, the court applies the statutory factors to decide an equitable division. If the parties can agree, they may sign a property settlement agreement that resolves all issues without a trial. Contested cases are heard at the Virginia Beach Circuit Court.

What happens to a military pension in a Virginia Beach divorce?

A military pension is marital property to the extent it was earned during the marriage. The division of a military pension requires a court order that complies with the Uniformed Services Former Spouses’ Protection Act. The order often takes the form of a specialized domestic relations order. Because Virginia Beach has a large military population, these issues arise frequently. An attorney experienced in military divorce can help ensure the order correctly divides the pension and any associated benefits such as SBP and TSP accounts.

Can we decide how to divide our property without going to court?

Yes, many couples resolve property division through a signed marital settlement agreement. This contract, if properly drafted and signed, allows the couple to set their own terms. The court will generally approve the agreement and incorporate it into the final divorce decree, as long as it is fair and both parties entered into it voluntarily. Even when no court battle occurs, having an attorney review the agreement protects your rights and ensures all assets are accounted for, including retirement accounts, debts, and real estate.

What if my spouse is hiding assets?

If you suspect your spouse is hiding assets, your attorney can use discovery tools such as interrogatories, requests for production of documents, and depositions to uncover them. Forensic accountants may trace hidden accounts, unreported income, or undervalued business interests. Virginia courts take concealment seriously and may award a larger share of the marital estate to the innocent spouse or impose sanctions. Alerting your lawyer to any red flags — such as unusual transfers or cash transactions — early in the case is critical.

Do I need a lawyer for marital property division in Virginia Beach?

You are not legally required to hire a lawyer, but marital property division involves complex valuation, tax implications, and statutory factors that are difficult to navigate without legal experience. A small mistake in classifying an asset, missing a retirement account, or miscalculating a QDRO can have long-term financial consequences. An attorney can protect your interests and help you achieve a fair result. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

For guidance on Virginia family law in nearby jurisdictions, see our pages on:

Primary sources of Virginia law:

Attorney advertising. Prior results do not guarantee a similar outcome.

Results may vary.

Case results depend on a variety of factors unique to each case.