If you’re facing divorce in Virginia, you’re probably asking yourself some hard questions right now. What am I legally entitled to? Will I lose the house? What if I’ve been a stay-at-home mom and don’t have an income? These aren’t just legal questions, they’re deeply personal ones. It’s a lot to carry, and figuring out where to begin is often the hardest part.
At Slovensky Law, we work with women across Virginia who are trying to protect what matters most in a difficult time. This blog is here to walk you through what you may be entitled to in a divorce, and how the law works behind the scenes.
Is Virginia a 50/50 Divorce State?
No. But the court does try to divide things fairly.
Under Virginia Code § 20-107.3, we follow something called equitable distribution. That means marital assets aren’t always split 50/50, but rather in a way the court considers fair, based on your situation.
How That's Different from a Community Property State
In community property states like California or Texas, most marital assets are split right down the middle. But Virginia doesn’t work that way. Instead, the court looks at things like:
- Who earned what during the marriage
- Who stayed home to raise the children
- How long did the marriage last
- What sacrifices were made by either spouse
It’s not about punishing or rewarding anyone—it’s about trying to get both people to a place of financial stability.
What Is a Wife Entitled to in a Divorce in Virginia?
There’s no one-size-fits-all answer. But here’s what the court typically considers when dividing assets and support.
Marital Property and Asset Division
Virginia courts divide marital property, that’s anything acquired during the marriage. This includes:
- The family home
- Vehicles
- Joint bank accounts
- Retirement accounts
- Investments
- Furniture, valuables, and even debt
If it was acquired during the marriage, it’s likely up for division.
But anything you owned before the marriage, inherited, or received as a gift—those are generally considered separate property, and they usually stay with you.
There’s also something in between: part-marital, part-separate property. For example, if your spouse bought a house before the marriage, but both of you paid into it later—it might be divided proportionally. These cases can get complicated, which is why documentation matters.
Spousal Support (Alimony)
If you’re a lower-earning spouse, or if you didn’t work outside the home at all—you may qualify for spousal support.
The court considers:
- Length of the marriage
- Each spouse’s income and earning potential
- Education level and work history
- Contributions to the household (paid or unpaid)
- Health, age, and childcare responsibilities
The goal isn’t to keep things exactly equal, it’s to avoid putting one spouse at a serious financial disadvantage.
What If You Were a Stay-at-Home Mom?
This is a common concern, and it is a valid one.
If you were a stay-at-home mom and spent years managing the home and raising kids while your spouse worked outside the home, your contribution still counts.
You may be entitled to:
- A share of marital assets (including retirement or pensions you didn’t directly pay into)
- Spousal support to help you transition into the next phase of your life
- Custody of your children, if that supports their stability and routine
Don’t assume you’ll walk away with nothing just because you didn’t have a paycheck. Virginia law looks at the full picture, not just the numbers on paper.
What Is a Husband Entitled to in a Divorce in Virginia?
Husbands are entitled to the same treatment under the law:
- A fair share of marital property
- Consideration for spousal support if financially disadvantaged
- Custody or visitation rights based on the child’s best interest
Entitlement is based on each person’s role in the marriage, their financial situation, and their contributions, not just their gender.
FAQs About Divorce and Entitlement in Virginia
Who gets the house in a Virginia divorce?
That depends. The court looks at who can afford to keep the home, whether children are involved, and how the mortgage or equity was handled.I supported my spouse’s career, does that matter?
Yes. If you put your own goals on hold to support your partner or raise children, the court factors that into property and support decisions.Can I get spousal support even if I didn’t work?
You can request it, and the court will review the circumstances. The longer the marriage and the greater the income gap, the more likely spousal support may be awarded.What You Can Do Right Now
Gather Your Documents
Start building a folder with:
- Tax returns
- Pay stubs or income statements
- Mortgage or lease documents
- Bank account and retirement account balances
- Any prenuptial agreements
Write Down What You Want to Protect
This could be the family home, time with your children, or financial support while you rebuild. You don’t have to know every detail, but knowing your priorities helps shape your strategy.
Talk to a Divorce Attorney Sooner Rather Than Later
Even if you’re not ready to file, a consultation can help you feel more informed and less stuck. It doesn’t mean you’re committing to anything; it just means you’re preparing wisely.
How Slovensky Law Helps Women in Divorce
We know this isn’t just a case number. It’s your life, your home, your kids, and your future.
At Slovensky Law, we’ve helped women across Virginia:
- Retain their homes
- Secure the needed support
- Protect assets they helped build
- Walk away from divorce with stability—not fear
We’re here to listen, to guide, and to advocate without pressure or judgment.
You Deserve a Clear Plan
Divorce doesn’t have to mean starting over with nothing. It can mean starting fresh with the resources and support you’re entitled to.
Contact Slovensky Law today for a private consultation. We’ll help you understand your rights, your options, and what comes next—step by step.
