My spouse of 20 years came into a generation-skipping trust after we separated, in a divorce will this be considered marital property?

Asked 11/22/2009 under Divorce, Marriage, Alimony | 205 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

The goal of Virginia's system of property division, known as “equitable distribution”, is to fairly divide the couple's marital assets with respect for both their monetary and non-monetary contributions to the property and to the marriage. In order to do this assets are divide up as either "marital" or "separate" property.

Inheritances are considered separate, not marital. property. However, separate property can also become marital property in several ways, including the failure to maintain the property as separate, or commingling with marital property, in a way that is too complex or undocumented to trace back to its source.

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