Property Division Attorney in Fairfax, VA

No. Virginia uses equitable distribution, meaning property is divided fairly based on statutory factors — not automatically split equally. The court considers the length of the marriage, each spouse’s contributions, economic circumstances, and other factors.

Marital property is generally anything acquired by either spouse during the marriage. Separate property includes assets owned before marriage, inheritances, and gifts received by one spouse — and is generally not subject to division. Commingling separate and marital funds can complicate classification.

The marital portion of retirement accounts (contributions made during the marriage) is subject to division. Dividing a 401(k) or pension requires a Qualified Domestic Relations Order (QDRO) — a specialized legal document. Ms. Khan coordinates this process carefully to avoid tax penalties.

A Qualified Domestic Relations Order, commonly known as a QDRO, is a specialized legal court order that is required to divide certain retirement accounts — such as 401(k)s, pensions, and other retirement plans — between spouses as part of a divorce. A QDRO instructs the retirement plan administrator to pay a portion of one spouse’s retirement benefits directly to the other spouse. Without a properly drafted QDRO, a retirement plan administrator cannot legally divide the account, even if the divorce decree orders it. It is important that a QDRO is drafted carefully and correctly, as errors can result in tax penalties or loss of benefits. Ms. Khan works with the appropriate professionals to ensure that your QDRO is properly prepared and submitted to protect your financial interests.

Options include: one spouse buys out the other’s equity and keeps the home, the home is sold and proceeds divided, or (temporarily, especially with minor children) one spouse remains in the home until a triggering event. The right solution depends on your financial situation and goals. Ms. Khan can listen to your situation and guide you accordingly.

Yes — and this is often the better option rather than leaving the decision to a court. A Property Settlement Agreement (PSA) negotiated between the parties gives you both more control and flexibility over the outcome. Ms. Khan drafts and reviews PSAs to ensure they are complete, fair, and legally enforceable.