VirginiaHB14062026 Regular SessionHouse

Foreign divorce decrees; exercise of power by courts of the Commonwealth, non-domiciled party.

Sponsored By: Virgil Thornton (Democratic)

Became Law

Summary

Foreign divorce decrees; exercise of power by courts of the Commonwealth; non-domiciled party. Provides that a court of the Commonwealth with proper jurisdiction may exercise certain powers relating to a foreign decree dissolving a marriage or granting a divorce from the bond of matrimony if a proceeding is initiated by a non-domiciled party to such divorce, provided that the party domiciled in the Commonwealth is still domiciled in the Commonwealth at the commencement of an action.

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 3 benefits, 0 costs, 3 mixed.

How courts value and split assets and debts

If either spouse asks, the court lists all property and debts and decides who owns them and their value. By default, property is valued at the evidentiary hearing; debts are valued at the last separation if, then, at least one spouse intended it to be permanent. Either spouse can ask at least 21 days before the hearing for a different date for good cause. The court can divide jointly owned marital property and shared debt, and can order a lump sum or set payments; awards are money judgments that earn interest unless the court says otherwise. The court cannot take a spouse’s separate property, except to return separate items the other spouse holds; orders that divide land must be recorded. When it splits things or sets awards, the court must weigh contributions, length of marriage, ages and health, reasons for divorce, debts, cash needs, taxes, and any waste; it decides property awards without counting child or spousal support, and support can be set or changed afterward.

Splitting pensions and injury recoveries

The court can order payment of part of the marital share of a pension, 401(k), or other retirement benefit. Payments are made when the benefit pays out and may be sent directly by the employer or plan. No one pays more than 50% of the marital share of cash benefits actually received. The marital share is the part earned during the marriage and before the last separation. Virginia Retirement System defined contribution plans include gains and losses from the valuation date when possible. The court can also order payment of part of the marital share of a personal injury or workers’ compensation recovery, but only as money is paid. The marital share there covers lost wages or medical bills from during the marriage and before the last separation that insurance did not pay.

What counts as marital property and debt

Property you owned before marriage, or gifts and inheritances from others, are separate. Income or gains from separate property stay separate unless they come from marital money or a spouse’s significant personal effort. Property bought during the marriage before the last separation is presumed marital, and joint title is presumed joint. If you mix separate and marital funds or retitle into both names, it becomes marital unless you can trace the separate part and show it was not a gift. The spouse without title must first show marital funds or effort raised the value; then the owner must show that was not the cause. Debts from before marriage, or after the last separation when at least one spouse intended it to be permanent, are separate; debts during the marriage before the last separation are marital unless shown to be for nonmarital use.

Strong tools to enforce divorce orders

The court keeps power to make sure orders happen. It can set firm dates, punish willful noncompliance, and appoint a special commissioner to transfer property. For retirement orders in cases filed on or after July 1, 1982, the court may change them only to make or keep a qualified domestic relations order or to carry out the court’s original intent. If neither spouse still lives where the decree was entered, that court can move enforcement to the circuit court where either spouse now lives.

Virginia court power after foreign divorce

If you lived in Virginia when a foreign divorce started and that court did not have personal jurisdiction over you, a Virginia court can still divide property and debts. You must start the Virginia case within two years of when you or your ex got notice of the foreign decree. You must still live in Virginia when you file, and the Virginia court must get personal jurisdiction under Virginia law.

Premarital agreements enforced in divorce

Valid premarital agreements are recognized and enforced. The court can confirm the agreement and include it in the divorce decree.

Sponsors & Cosponsors

Sponsor

  • Virgil Thornton

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 183 • No: 0

Senate vote 3/9/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/9/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/5/2026

Reported from Courts of Justice

Yes: 14 • No: 0

House vote 2/17/2026

Read third time and passed House Block Vote

Yes: 97 • No: 0

House vote 2/11/2026

Reported from Courts of Justice

Yes: 22 • No: 0

House vote 2/9/2026

Subcommittee recommends reporting

Yes: 10 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0470)

    4/8/2026Governor
  2. Approved by Governor-Chapter 470 (effective 7/1/2026)

    4/8/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (HB1406)

    3/31/2026House
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  5. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  6. Signed by Speaker

    3/31/2026House
  7. Bill text as passed House and Senate (HB1406ER)

    3/30/2026House
  8. Enrolled

    3/30/2026House
  9. Signed by President

    3/30/2026Senate
  10. Passed Senate Block Vote (40-Y 0-N 0-A)

    3/10/2026Senate
  11. Read third time

    3/10/2026Senate
  12. Passed by for the day Block Vote (Voice Vote)

    3/9/2026Senate
  13. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/9/2026Senate
  14. Rules suspended

    3/9/2026Senate
  15. Reported from Courts of Justice (14-Y 0-N)

    3/5/2026Senate
  16. Referred to Committee for Courts of Justice

    2/18/2026Senate
  17. Constitutional reading dispensed (on 1st reading)

    2/18/2026Senate
  18. Read third time and passed House Block Vote (97-Y 0-N 0-A)

    2/17/2026House
  19. Read second time and engrossed

    2/16/2026House
  20. Read first time

    2/13/2026House
  21. Reported from Courts of Justice (22-Y 0-N)

    2/11/2026House
  22. Subcommittee recommends reporting (10-Y 0-N)

    2/9/2026House
  23. Assigned HCJ sub: Civil

    2/5/2026House
  24. Fiscal Impact Statement from Department of Planning and Budget (HB1406)

    2/3/2026House
  25. Referred to Committee for Courts of Justice

    1/22/2026House

Bill Text

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