Who is considered your spouse?

More Definitions of Spouse Spouse means a person who is legally married to another. Spouse means your lawful spouse. “Children” means your unmarried children under age 21 who are chiefly dependent upon you for support and maintenance.

Is Virginia a spousal state?

Virginia is an “equitable distribution” state. This means that courts will attempt to make a fair division of marital property, but this division will not always be exactly even.

Can a fiance be considered a spouse?

A fiancee is nothing more than a potentiality. The couple is “engaged” to be married, but not yet married, not yet husband and wife, and so they have no legally recognizable status that is any different from people who are not engaged to be married.

How is marital property split in Virginia?

Marital property is not divided equally in a Virginia divorce. Instead, the court will make an equitable distribution of your property. When the court makes an equitable distribution, it considers a fair rather than an equal division.

Does spouse have to be on title in Virginia?

What About My House? If you purchased your house during the marriage, the court categorizes it as marital property. However, if you purchased the home using entirely separate property funds, and your spouse’s name does not appear on the title, the court may award it to you as your separate property.

Does VA have a common law marriage law?

3. Does Virginia have “Common Law Marriages”? No. A common law marriage is one by agreement of two people who consider themselves married without any formal ceremony or license and hold themselves out as married.

How do you prove common law marriage in Virginia?

Does the VA have to recognize a Common Law Marriage? There is no marriage certificate for Veterans who hold themselves out to be married under the common law. There is no document formally recognizing the marriage at all.

Can you be a spouse without being married?

What is Common Law Marriage: A Definition. A common law marriage is one in which the couple lives together for a period of time and holds themselves out to friends, family and the community as “being married,” but without ever going through a formal ceremony or getting a marriage license.

What are the marital rights of a couple in Virginia?

Unlike some other states, in Virginia a couple cannot acquire marital rights and responsibilities by living together for a particular period of time. You do not need legal action to end such a relationship, if it was created in Virginia. However, Virginia does recognize as valid,…

Is my spouse’s personal property protected from Virginia state taxes?

In general, motor vehicles and other tangible personal property owned by the spouse of a service member will be protected from Virginia taxation to the same extent as if owned by the service member.

When is a marriage legally separated in Virginia?

This is not the case in Virginia. Here, a married couple is considered “legally” separated if one or both members intend to end the marriage, and cease to cohabitate as a married couple. What does that mean?

Can a military spouse claim Virginia as a legal resident?

My service member spouse and I are living in another state pursuant to military orders, and we claim Virginia as our state of legal residence. Do I have to pay Virginia tax on my income? Yes. As a legal resident of Virginia, you are subject to Virginia income tax on your income from all sources.