The eleven factors represent an attempt to capture all the dimensions of a marriage's financial history in a structured analytical framework. Together, they enable courts to produce outcomes that reflect the actual contributions, circumstances, and consequences of each individual marriage rather than applying a mechanical rule that ignores individual facts.
Breaking Down the Eleven Factors
The first factor is the contributions, monetary and nonmonetary, of each party to the wellbeing of the family. This is the most comprehensive factor and reflects Virginia's recognition that contributions to a marriage take many forms. A spouse who worked to generate income made a monetary contribution. A spouse who managed the household, raised children, or supported the other's career made nonmonetary contributions equally recognized by law.
The second factor is contributions to the acquisition and care of marital property. A spouse who managed investment properties, maintained the marital home, or made financially savvy decisions that grew the marital estate contributed to property care beyond just earning income.
The third factor is the duration of the marriage. Longer marriages create deeper financial interdependency and support larger, more balanced distributions.
The fourth factor is the ages and physical and mental conditions of the parties. Older spouses with limited remaining earning years and health challenges affecting employment capacity are treated differently from younger, healthy spouses with long career horizons ahead.
The fifth factor is the circumstances that contributed to the dissolution of the marriage, specifically including fault grounds. Fault conduct can therefore affect property distribution directly under this factor.
The sixth factor is how and when specific assets were acquired. Separate property that became hybrid through marital contributions has a different distribution profile than purely marital property acquired jointly throughout the marriage.
The seventh factor is debts and liabilities of each spouse, the basis for those debts, and the security for them. Debts incurred for marital purposes are distributed differently from personal debts.
The eighth factor is the liquid or nonliquid character of marital property. Distributing liquid assets, cash and equivalents, is straightforward. Distributing illiquid assets like closely held business interests, real estate, or retirement accounts requires more complex structures.
The ninth factor is tax consequences to each party. What a spouse actually receives after taxes may differ significantly from the nominal value of an asset, and courts are supposed to factor this into the equitable analysis.
The tenth factor is use or expenditure of marital property for a nonmarital separate purpose or dissipation of funds in anticipation of divorce or after separation. This dissipation factor addresses situations where one spouse spent down marital assets in connection with an affair or in anticipation of divorce.
The eleventh factor is any other factors the court deems necessary for a fair and equitable award.
For equitable distribution cases in Northern Virginia, attorney Jason A. Weis of Curran Moher Weis builds case strategies around these eleven factors specifically, presenting evidence that addresses each factor clearly and persuasively.
Conclusion
The eleven equitable distribution factors under Virginia Code § 20-107.3(E) provide the complete framework for how marital property is divided in a Virginia divorce. Understanding each factor and how the specific evidence in your case speaks to it allows you to approach equitable distribution with clear-eyed strategy rather than hope. Every fact about your marriage's financial history is potentially relevant to one or more of these factors, which is why thorough preparation is so important in these cases.