Economic separation is a key component of virtually all divorce scenarios. Spouses have to sever joint ownership and divide their responsibility for shared debts. Many people have inaccurate expectations for that process, possibly due to a misunderstanding about the law.
Rules about divorce proceedings are different in every jurisdiction. Advice from well-meaning family members or found through an online search may actually apply to another state but not necessarily West Virginia.
Are West Virginia spouses subject to 50/50 property distribution rules, sometimes also referred to as community property rules?
West Virginia has an equitable distribution law
Like most other states in the country, West Virginia is an equitable distribution state for the purposes of property division during a divorce. Couples can reach agreements where they decide to divide their property evenly.
However, if the matter goes to court, the judge seeks a solution that is fair, not necessarily equal. Judges consider factors ranging from the length of the marriage to the income of each spouse when deciding what is just.
They can order the sale of joint assets, award property to either spouse and make each spouse responsible for certain marital debts. They may not necessarily directly divide every asset and financial obligation but must instead focus on the big picture when addressing property division matters as fairly as possible.
Equitable distribution can be an unpredictable and even confusing process, especially if a case goes to trial. Spouses may require help understanding their rights and pushing for fair terms. Reviewing financial records with a family law attorney is often helpful for those concerned about the economic outcome of a pending divorce.