How does property get divided in a divorce?

In divorces cases, Virginia Courts follow a process called "equitable distribution." This means the Judge has to do three things, in strict order: 1) determine what assets are owned by each/both of the parties (and how each is titled), 2) determine how each asset is classified (i.e., marital, separate, or a mixture of both), and then 3) determine what percentage of the marital property each party is to receive.  

The overriding principle in equitable distribution is that a marriage is a partnership; thus, property (and debt) acquired during the marriage (due to the efforts of either party) is generally considered marital, and is thus subject to division. By that same token, property acquired by either party prior to the date of marriage, or after the date of separation, or by inheritance, prize or gift, is considered separate property.  Each party keeps his or her separate property. 

The Courts must consider 11 specific factors in determining how to divide marital property.  Although there is no rule that says marital property is to be divided equally, Courts general come close to an equal division unless one or more of those 11 factors forms a compelling reasons to give one spouse a greater share.