Legal Question in Family Law in Virginia

Re: Deferred compensation plans

Virginia is not a community property state, the plans may, however fall under the classification of marital property.

Re: Deferred compensation plans

Any deferred compensation plan, qualified or not, will be subject to Virgina Equitable Distribution Code Section. The fraction of that asset which is

deemed "marital property" is the ratio of the time frame it existed during the marriage to the

time frame when it existed outside of the time the parties are married. A further factor is what value was added during the time it co-existed with the marriage. This is not an area of law for amateurs. It is somewhat of a legal quagmire.

Re: Deferred compensation plans

The amount of deferred compensation earned during the marriage is marital property and divisible through Equitable Distribution.