Unlike in other states, there is no such thing as a “legal separation” in Virginia.  Virginia law considers a married couple to be separated when there is a physical separation and one of the parties intends that the separation is permanent.  Couples wishing to separate and avoid a contested divorce should attempt to enter into a separation agreement so they can resolve all the issues relating to their marriage and avoid the necessity of expensive drawn out divorce litigation. 

The separation agreement (also known by a variety of other names such as “property settlement agreement” or “marital separation agreement”) is a contract between the married couple and is enforceable in the courts as just that; however after the divorce decree is entered by the Judge then the agreement also becomes a court order allowing the parties to enforce it through filing a contempt of court action.  The agreement becoming a court order is especially important because a contempt action can result in the non-complying party receiving a jail sentence from the Judge.

A separation agreement should address as many issues as the parties can come to an agreement on including property distribution, retirement division, spousal support, child support, custody and visitation.  The agreement is a binding agreement and the provisions can generally not be modified with the exception of the custody and support sections.

Not all couples that enter into a separation agreement end up divorcing but those that do are able to spare themselves and their families the financial and emotional hardship of a litigated divorce.