Married 4 years ago, and within a month, me and kids had to find an apartment because spouse said so in argument. Stayed married together to work things out but sought counseling and spouse has sever mental health issues and doesn't want treatment and after 3 years tried moving into a new place where we both signed a lease with kids while in therapy to see if we could manage while getting help , only for spouse to leave a month later. Within 2 months Came back for 5 months and left again after argument to cool down and has not been back since but he has paid half of the mortgage the entire lease. I had a stroke and have been out of work the last year and used credit to pay my half of bills. I’m looking for work. Spouse now wants divorce and we have no children together but step kids.
Virginia is an equitable distribution state - this means that it recognizes marriage as partnership and provides a means to equitably divide the wealth accumulated during marriage. Everything bought during the marriage or earned during the marriage is considered marital property, and therefore is subject to equitable distribution.
Section 20-107.3 lays out the factors that courts consider in the equitable distribution of property. A few of the relevant factors (based on what you have stated) include "contributions, monetary and nonmonetary, of each party in the acquisition and care and maintenance of such marital property of the parties"; "circumstances and factors which contributed to the dissolution of the marriage"; and "contributions, monetary and nonmonetary, of each party to the well-being of the family."
Therefore, there is not a black and white answer as to what you are entitled to. Please seek and retain an attorney to help you through this process, and to make such arguments on your behalf.
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