McLean, Virginia · Asset Division
In McLean, the hard part of a divorce is rarely the law. It is the size and the shape of what there is to divide: a business, several properties, investment accounts, maybe equity, and assets that are tricky to value. Let me walk you through how Virginia handles a high-asset divorce, and where these cases are won or lost.
By Alisa Chunephisal, Esq. · Founding Partner, NOVA Legal Professionals
This article is one part of our larger divorce guide. For the full picture, start with our cornerstone, Divorce in Virginia. Here, I will focus on the division of a high-asset estate.
What makes a divorce “high-asset”
There is no magic number, but these cases usually involve a marital estate well into seven figures, with assets that are not simple to value. Think a closely held business, multiple homes or rental properties, large investment and retirement accounts, executive compensation, and sometimes art, collectibles, or cryptocurrency. The same equitable distribution rules under Va. Code § 20-107.3 apply, but the real work moves into classifying and valuing what you own.
The rules are the same, the work is harder
A McLean judge still classifies each asset as marital, separate, or hybrid, assigns it a value, and divides the marital share by weighing the statutory factors. Fairness still does not automatically mean equality. What changes in a high-asset case is how much turns on getting the values right, because a single business or pension valuation can swing the outcome by a large amount.
Build the right team early
High-asset cases are won with experts, not just arguments. Forensic accountants trace income and uncover undisclosed assets, business valuators set a defensible value for a company, and tax advisors flag the consequences of each split. One of the most common and costly mistakes is accepting a value from the other side’s accountant without an independent review, so the numbers get tested, not assumed.
A Word About Moving Money
Be careful with the accounts once a divorce is on the horizon. Spending or moving marital funds for a non-marital purpose can be treated as dissipation, or marital waste, and a judge can adjust the division to make up for it. Courts can also enter orders that freeze assets during the case. Talk to your attorney before you move, sell, or pay down anything significant.
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Valuing a business is its own battle
When one spouse owns a business, its value is often the single biggest question in the case. Valuators use income, market, and asset-based approaches, and reasonable experts can reach very different numbers depending on their assumptions. That is exactly why an independent valuation matters, and why business interests are some of the most contested items in a McLean divorce. You can read more on our asset division practice area page.
Full disclosure, and where it is heard
Both spouses must fully disclose their finances, and courts have tools to surface what is not shared voluntarily. A McLean divorce is heard in the Fairfax Circuit Court, the 19th Judicial Circuit, at 4110 Chain Bridge Road in the City of Fairfax, since McLean is part of Fairfax County. Complex cases run longer than simple ones, often a year or more, so an early strategy pays off.
“In a high-asset case, the fight is almost never about the law. It is about the number. Whoever controls the valuation controls the outcome, which is why we never accept the other side’s figure on faith.”
Alisa Chunephisal, Esq. · Founding Partner
Alisa’s Practical Advice
Three habits protect a McLean client with a complex estate. First, inventory everything early, including partial business ownership, mixed-property investments, and accounts you do not control, because you cannot divide what you have not found. Second, bring in the right experts at the start, not after a number is on the table, since early work uncovers more and costs less. Third, do not move or sell significant assets without guidance, because even a practical step can look like dissipation and damage your credibility.
In a big estate, the early decisions are the expensive ones. Get them right first.
Authoritative References
Sources
- Code of Virginia, § 20-107.3. Equitable distribution, including classification, valuation, and the factors in subsection (E). law.lis.virginia.gov/vacode/title20
- Booth v. Booth, 7 Va. App. 22 (1988). Virginia’s definition of dissipation, the waste of marital funds in anticipation of divorce for a non-marital purpose.
- Fairfax County Circuit Court. Hears divorce and property division for Fairfax County residents, including McLean. fairfaxcounty.gov/circuit
Statutory and case authority verified against current Virginia law as of June 2026. Valuation and tax outcomes depend on the facts of each estate.
Frequently Asked Questions
How is a business divided in a Virginia divorce?
A business built or grown during the marriage is usually marital property, at least in part. The court first determines its value, often with a professional valuator using income, market, or asset-based methods, then divides the marital share. Rather than splitting the company itself, courts commonly award the business to the owner spouse and offset the other spouse’s share with other assets or a monetary award.
What is dissipation of marital assets?
Dissipation, or marital waste, is spending marital funds for a non-marital purpose in anticipation of or during a divorce, when the marriage is breaking down. Examples include large gifts to a third party, gambling, or funding an affair. When it is proven, a Virginia court can adjust the property division to account for the wasted funds.
What if I think my spouse is hiding assets?
Both spouses must fully disclose their finances, and the court has tools to surface what is not shared. A forensic accountant can trace income and accounts, and targeted discovery, such as document requests and depositions, can bring hidden assets to light. Concerns about incomplete disclosure are common in high-asset cases and are worth raising early.
Is a high-asset estate split fifty-fifty?
Not automatically. Virginia uses equitable distribution, which means a fair division based on the statutory factors, not a mandatory equal split. A roughly equal division of the marital estate is common, but a court can order a different allocation after weighing contributions, the length of the marriage, dissipation, and the other factors in Va. Code § 20-107.3(E).
Should I move money before filing?
Not without legal guidance. Shifting funds, selling property, or paying down debts in anticipation of divorce can be treated as dissipation, even when the intent was practical, and courts can enter orders that restrict moving marital assets. Talk to your attorney before making significant financial moves so a reasonable step does not become a problem in your case.
When You Are Ready
Let’s protect what you have built in McLean.
Tell me about the business, the property, and the accounts, and I will help you build the valuation and the strategy your estate needs. The first call is a conversation, not a commitment.