Equitable Property Distribution In Divorce

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Equitable Distribution Attorney In Hampton Roads

Understanding Distribution of Property

When it comes to the dissolution of a marriage, the division of property and assets is among the most complex and critical aspects of family law. This webpage aims to offer a comprehensive understanding of the principles of Distribution of Property and Equitable Distribution as they apply within family law, ensuring clarity for our clients as they navigate through these legal proceedings.


Distribution of property refers to the process through which a couple's assets and liabilities are divided during a divorce or legal separation. This includes both tangible assets such as real estate, vehicles, and personal belongings, as well as intangible assets such as investments, retirement accounts, and business interests.

Contact Cheryl Eddy Benn, P.C. to schedule a consultation today by calling 757-895-7493

Understanding Equitable Distribution

Equitable Distribution is the legal process by which marital property is divided between spouses upon divorce or annulment. It’s important to note that "equitable" does not necessarily mean "equal," but rather what is deemed fair by the court based on several factors, such as the duration of the marriage, the health and age of both parties, and their income and future earning capacities.



Key Principles:

  • Marital vs. Separate Property: Only marital property, which includes assets and debts acquired during the marriage, is subject to division. Separate property, such as inheritances, personal gifts, or property owned before marriage, typically remains with the individual.
  • Retirement and Pension Division: These are often some of the most significant marital assets. Their division can be complex, involving specific laws pertaining to vested and unvested funds, contributions, and growth during the marriage.
  • Military Retirement: Special rules apply to the division of military retirement pay, with factors like the length of the marriage and the service member’s tenure overlapping.

Seeking Legal Assistance:

Cheryl Eddy Benn, P.C. is equipped to guide you through the process of Property Distribution and Equitable Distribution with the experience and sensitivity these matters require. Cheryl Benn understands the complexities involved, from negotiating amicable settlements to litigating for your best interests in court.


We recognize that each client's situation is unique. We are committed to offering personalized legal strategies aimed at securing an equitable distribution that respects your contributions to the marriage and protects your future financial security.


For more information or to schedule a consultation with Cheryl Eddy Benn, P.C., please  Contact Us.

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