In Virginia, there are a couple of different ways that you can deal with the division of marital property. You can work out an agreement with your spouse on who gets what and who pays for what. This is normally formalized in a Separation Agreement. You can also let the Court determine the division of the marital assets. In Virginia, if the court has to make the determination, it will be based on what that Judge thinks is fair considering the circumstances of the marriage and both spouses. If the Judge makes the determination, it is highly likely that neither spouse will be pleased with the result.