Dividing property during a divorce can feel overwhelming. Who gets the couch you bought together? What about that engagement ring? Or the investments you made during the marriage? Understanding what counts as marital property is crucial when dividing assets—and not everything is as straightforward as it seems. If you’re facing a divorce in Montgomery County, VA, this guide will help you understand what’s at stake, what’s subject to division, and where to turn for support.

What Is Marital Property and Why Should You Care?

Marital property includes assets acquired during the marriage. These can be as common as a shared bank account or as unique as cryptocurrency investments. Why does this matter? Because in Virginia, the court must divide marital property equitably—which doesn’t always mean equally. Knowing what’s considered marital property versus separate property can significantly impact your financial future.

Common Marital Assets: Furniture, Electronics, and the Family Home 

When people think of marital property, the first things that come to mind are the tangible assets you’ve used together during the marriage. 

• Furniture and appliances: That living room set you bought together, the flat-screen TV in the den, and major appliances like the refrigerator typically count as joint property. 
• Electronics: Gadgets like laptops and phones purchased during the marriage are often treated as marital property, even if one spouse uses them more. 
• The family home: If you bought a house together—or commingled funds to pay the mortgage—this is almost always considered marital property. Determining how to divide or sell the home can be one of the most contentious parts of a divorce. 

Are some of these assets subject to division in your specific case? Keep reading.

Uncommon Assets: Cryptocurrency, Intellectual Property, and Investments 

While furniture and bank accounts are easy to identify, what about less common items? Marital property includes more than just physical things. 

• Cryptocurrency: Investments in Bitcoin or Ethereum, for example, count as marital property if purchased during the marriage. Their fluctuating value adds complexity. 
• Intellectual property: Did one of you publish a book or create a patent while married? Royalties and profits from intellectual property might be subject to division. 
• Stock options and retirement accounts: Even deferred compensation, such as stock options or 401(k) funds, can count as marital property if earned during the marriage. 

These assets require detailed financial analysis. The court doesn’t split them down the middle—it evaluates their value and considers factors like future earning potential.

How Is Marital Property Determined in Montgomery County, VA?

Virginia follows an equitable distribution system, meaning that marital property is divided fairly—but not necessarily 50/50. The court considers several factors, including the length of the marriage, financial needs, contributions by each spouse (monetary and non-monetary), and fault, like infidelity. 

If you live in Montgomery County, VA, the division process will reflect these state-wide principles, but nuances can arise. A skilled divorce attorney can ensure your voice and needs are represented.

Separate vs. Marital Property: What’s Yours, What’s Ours?

Not all property is marital property. Some assets remain separate property—meaning they belong solely to one spouse. Here’s what typically qualifies as separate property:

• Assets acquired before the marriage 
• Gifts or inheritances received by one spouse during the marriage
• Assets outlined in a prenuptial agreement 

However, it’s not always clear-cut. For example, if you inherited money and used it to renovate your jointly owned home, that inheritance may be considered marital property due to commingling. Small details like this can make all the difference.

Protecting Your Assets During Divorce 

If certain assets matter deeply to you—whether for financial or sentimental reasons—there are strategies to help protect them. 

• Keep detailed records: Have documentation showing whether assets were acquired before or during the marriage. 
• Stay mindful of commingling: Avoid mixing funds from individual accounts or inheritances with joint accounts to preserve their separate-property status.
• Work with a mediator: A neutral third-party mediator can help resolve disagreements about dividing property, especially with high-emotion or high-value assets.

It’s important to be proactive rather than reactive when pursuing asset protection.

The Role of Prenuptial Agreements in Property Division 

Prenuptial agreements can simplify property division dramatically. If you created one before your marriage, it likely specifies which assets are separate versus marital property. However, prenuptial agreements are only enforceable if properly drafted and agreed upon willingly by both parties. 

If you don’t have a prenup, it’s not the end of the world—but dividing assets may take more negotiation.

When Division Becomes Complicated: High-Value Assets 

High-value assets like luxury cars, vacation homes, or complex financial portfolios add another layer of complexity. The court may need to call in valuation experts to determine how much these assets are worth. 

When one or both spouses own a business, the process gets especially tricky. Was the business started before or during the marriage? If its value increased during the marriage, how is that increase calculated? With so much at stake, emotions and financial decisions often collide.

What About Sentimental Items?

Some items are harder to assign a dollar value to, like family heirlooms or sentimental gifts. These decisions are less financial and more emotional but no less important. 

A wedding ring, for instance, might feel like a sacred keepsake to one spouse but count as marital property to the court. Agreements over sentimental items often require compromise and thoughtful discussions.

How a Montgomery County, VA Divorce Lawyer Can Help You Protect Your Financial Future 

If the thought of dividing property still feels overwhelming, remember that you don’t have to tackle it alone. Working with a skilled divorce lawyer is key to understanding your specific rights and options. They’ll help you:

• Identify what counts as marital property in your case 
• Ensure important details (like commingled funds) aren’t overlooked 
• Represent your financial interests during negotiations or court proceedings

Don’t leave understanding the law to guesswork. An experienced advocate makes all the difference.

Next Steps for Protecting Your Assets with Slovensky Law 

Divorce is never easy, especially when sensitive financial matters are involved. At Slovensky Law in Montgomery County, VA, we’re committed to helping you divide property fairly without added stress. 

Every asset has a story, but your financial security is our priority. Contact us today to schedule a consultation and take the next step toward preserving the things that matter most to you.