Children's futures, bank accounts and homes — there are many things that you would probably have to consider when going through a divorce in Virginia. Your interest in a business — yours or your spouse's — might be one of those considerations, under certain conditions.
In short, a court would not necessarily decide that your business is marital property. There are several common factors that inform this decision in each situation. However, there is usually some gray area. Even if one of the scenarios outlined below seemed to conform to a real-world case with which you were acquainted, you would likely have to examine the details before coming up with a negotiation or litigation strategy.