7.8 Remedies

• Library: Virginia Family Law: A Systematic Approach (Virginia CLE) (2018 Ed.)

7.8 REMEDIES

7.801 In General. The trial court has several remedies available. It may transfer or divide jointly owned marital property or any part thereof, apportion marital debts, make a monetary award, and make a pension-based or injury-based award. ⁹³ The amount of any division or transfer of jointly owned marital property and the amount of any monetary award and the method of payment are to be determined by the court after considering several factors. ⁹⁴ While the court may determine the method of payment, it may not set conditions of payment that are unrelated to the award itself. ⁹⁵

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Subsection (C) of section 20-107.3 addressing the division of jointly held property is permissive and so it is within the trial court's discretion whether to make a distribution at all. ⁹⁶ An asset with no value is not subject to equitable distribution. ⁹⁷

The court has continuing authority to make additional orders necessary to give effect to and enforce any order entered pursuant to section 20-107.3. ⁹⁸ This includes the authority to:

1.	Set a date certain for the transfer or division of jointly owned property or the payment of a monetary award;
2.	Impose contempt of court sanctions;
3.	Appoint a commissioner to transfer property where a party refuses to comply with the court's order; and
4.	Modify orders dividing retirement, pension, profit-sharing, or deferred compensation plans for the limited purpose of giving effect to the express intent of the order or to revise its terms so that it becomes or continues as a qualified domestic relations order. 99

7.802 Division or Transfer of Property. Under subsection (C) of section 20-107.3, the court may divide or transfer, or both, all or any part of jointly owned separate or marital property, or jointly owned separate or marital debt. ¹⁰⁰ The court may (i) order the transfer of real or personal property or any interest therein to one of the parties; (ii) permit either party to purchase the interest of the other and direct the allocation of the proceeds, provided that the party purchasing the interest of the other agrees to assume

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any indebtedness secured by the property; ¹⁰¹ or (iii) order its sale by private sale by the parties or through an agent directed by the court or by public sale directed by the court, without the necessity for partition. ¹⁰²

Where a party fails to comply with an order of division, transfer, or division and transfer, the court may divide or transfer the jointly owned marital property or any part thereof. In addition, the court may apportion and order the payment of the debts of the parties, or either of them, that have been incurred before the dissolution of the marriage. This apportionment must be based on the factors listed in subsection (E) of section 20-107.3. ¹⁰³

While the authority of the court has been expanded to more readily allow a division or transfer of marital property, the court must do so by means that are expressly provided for by statute. The court cannot expand its authority beyond the authority granted to it by the terms of the statute. ¹⁰⁴

7.803 Monetary Award.

A. How Calculated. In granting a monetary award, the court must consider (i) the equities and the rights and interests of each party in the marital property and (ii) the factors listed in subsection (E) of section 20-107.3. ¹⁰⁵ The court may order that the monetary...