Also remember that irrespective of a valid trust or intestacy, the surviving spouse [limited by state law to married couples] may elect to receive one-third of the augmented estate if the decedent is survived by children or their descendants.

The augment share increases to one-half if the decedent is not survived by children or their descendants. The surviving spouse is also entitled to interest on the amount to which he or she is entitled from the date of the decedent’s death until the date of satisfaction of the elective share.

Virginia marital property is distributed "equitably". All marital property is classified as marital property, separate property and part marital and part separate property. Future income may also be marital property.