VA Bar Family Law 3 — Questions and Answers
Question 1: Under Virginia's equitable distribution statute, marital property is generally valued as of what date?
- The date of the marriage
- The date of the parties' separation
- The date the divorce complaint is filed
- The date of the evidentiary hearing or trial (Correct answer)
Correct answer: The date of the evidentiary hearing or trial
Virginia Code § 20-107.3(A) provides that marital property is valued as of the date of the evidentiary hearing unless the court determines another date is more appropriate given the circumstances.
Question 2: When a spouse uses separate property funds to improve marital real estate in Virginia, the general result is:
- The entire property converts to separate property
- The entire property remains marital property
- The separate property contribution may be traced and the contributing spouse may receive credit (Correct answer)
- The property is divided 50/50 regardless of the source of funds
Correct answer: The separate property contribution may be traced and the contributing spouse may receive credit
Virginia applies the tracing doctrine, allowing a spouse to claim a separate property interest in marital property to the extent separate funds can be clearly traced to contributions.
Question 3: Under Virginia equitable distribution law, 'active appreciation' of separate property during the marriage is classified as:
- Separate property belonging solely to the titled spouse
- Marital property subject to equitable distribution (Correct answer)
- Jointly owned property divided 50/50
- Property requiring court discretion with no default classification
Correct answer: Marital property subject to equitable distribution
Active appreciation — appreciation resulting from either spouse's efforts or marital funds — is marital property under Virginia Code § 20-107.3, distinguishing it from passive appreciation.
Question 4: Which of the following is classified as SEPARATE property under Virginia Code § 20-107.3?
- Wages earned by either spouse during the marriage
- A gift received by one spouse from a third party during the marriage (Correct answer)
- Appreciation of marital property attributable to marital efforts
- Property purchased with commingled separate and marital funds that cannot be traced
Correct answer: A gift received by one spouse from a third party during the marriage
Virginia Code § 20-107.3(A)(1) classifies as separate property all property received by one spouse as a gift from a third party during the marriage.
Question 5: When separate property is so commingled with marital property that it cannot be traced, Virginia law treats the result as:
- Entirely separate property because the separate spouse can show original ownership
- Entirely marital property because the separate character is lost (Correct answer)
- Proportionally divided based on estimated original contributions
- Excluded from equitable distribution entirely
Correct answer: Entirely marital property because the separate character is lost
When separate property is commingled to the point it is no longer traceable, it loses its separate character and becomes marital property subject to equitable distribution.
Question 6: Under Virginia Code § 20-107.3, retirement or pension benefits earned by a spouse during the marriage are classified as:
- Entirely separate property because they are personal to the employee-spouse
- Marital property to the extent accrued during the marriage (Correct answer)
- Always divided equally regardless of other equitable factors
- Non-marital property exempt from the court's jurisdiction
Correct answer: Marital property to the extent accrued during the marriage
Retirement benefits accrued during the marriage are marital property under Virginia Code § 20-107.3 and may be distributed to the non-employee spouse through a QDRO or similar order.
Question 7: Under Virginia's equitable distribution framework, which of the following is a factor the court MAY consider under Virginia Code § 20-107.3(E)?
- The gender of each party
- The circumstances contributing to the dissolution of the marriage, including grounds for divorce (Correct answer)
- The number of prior marriages of each spouse
- The educational degrees held by each party
Correct answer: The circumstances contributing to the dissolution of the marriage, including grounds for divorce
Virginia Code § 20-107.3(E)(5) lists circumstances contributing to the dissolution, including grounds for divorce, as an explicit factor in equitable distribution.
VA Bar Family Law 3
Under Virginia's equitable distribution statute, marital property is generally valued as of what date?