[LWV] League of Women Voters®
of Virginia

Women's Rights in Virginia Law

Public Policy Position


WOMEN'S RIGHTS IN VIRGINIA LAW

The League of Women Voters of Virginia believes that marriage is a partnership, that the principles of fairness, equity, and equality should govern the legal rights and responsibilities of each partner in a marriage. To carry out the concept that marriage should be given legal recognition as an equal partnership, we believe that all contributions to a marriage should be recognized, non-monetary as well as monetary.

Until such time as the principle of equally shared marital property is obtained in Virginia Law, we believe that:

  • In case of death, if one spouse dies without a will, the surviving spouse should inherit all the property.
  • If a spouse renounces a will, statutes regarding augmented estate should provide for the share of the surviving spouse to be at least one-half

In divorce:
  • Marital property should be defined as all real and personal property excluding all real and personal property acquired before marriage, all property acquired during the marriage through inheritance and/or gifts from someone (other than the other party), and property exchanged for separate property if it has been retained as separate property and not commingled.
  • Fault should not enter into the court's division of marital property.
  • Prenuptial contracts that fulfill all requirements of contract law should be recognized as valid. (1980 & 1983)

Comments, suggestions, questions? Contact our webmaster. Last revised: February 27, 2010 04:59 PST.

© Copyright League of Women Voters of Virginia, Virginia. All rights reserved.