When you realize your marriage is over, your first instinct might be to rush to the Loudoun County courthouse and file for divorce. You want it done. You want to move on.
But in Virginia, the law requires you to hit the brakes. Unless you are filing on fault grounds (like adultery or cruelty), you must live “separate and apart” from your spouse for a specific period before you can even file the divorce paperwork. If you have minor children, that period is one year. If you do not have minor children, it is six months—but only if you have a signed separation agreement.
During this waiting period, you are in a legal limbo. You are separated, but you are still legally married. Who pays the mortgage on the house in Leesburg? Who gets to drive the minivan? Where do the kids sleep on Tuesdays?
This is where a Loudoun separation agreement lawyer steps in. A separation agreement (often called a Property Settlement Agreement) is the blueprint for your post-marital life. It is arguably the most important document you will sign during the entire divorce process.
What Does a Separation Agreement Cover?
A well-drafted separation agreement is a legally binding contract that resolves all the issues arising from the end of your marriage. Once signed by both parties, it dictates the terms of your separation and, eventually, your final divorce decree.
A comprehensive agreement should cover:
1. Property and Debt Division
The agreement will detail exactly how your assets and liabilities will be divided. Who keeps the marital home, or will it be sold? How will the retirement accounts, pensions, and stock options be split? Who is responsible for the credit card debt or the car loan? Resolving these issues in the agreement prevents a judge from making these decisions for you later.
2. Spousal Support (Alimony)
If one spouse requires financial assistance, the agreement will specify the amount of spousal support, how often it will be paid, and for how long. It can also include provisions stating that support is non-modifiable, providing financial certainty for both parties.
3. Child Custody and Visitation
If you have children, the agreement will outline the legal and physical child custody arrangements. It will detail the regular parenting schedule, holiday schedules, and how major decisions regarding the children’s education and healthcare will be made.
4. Child Support
The agreement will establish the monthly child support obligation, typically calculated using the Virginia Child Support Guidelines. It can also address additional expenses not covered by basic support, such as private school tuition, extracurricular activities, and college expenses.
The Dangers of “DIY” Agreements
In an effort to save money, some couples try to draft their own separation agreements using templates found online. This is incredibly dangerous.
Virginia family law is highly specific. A poorly drafted agreement can leave you exposed to hidden tax liabilities, fail to properly divide complex assets like pensions, or include unenforceable custody provisions. Furthermore, once a separation agreement is signed, it is extremely difficult—and sometimes impossible—to change it later if you realize you made a bad deal.
You should never sign a separation agreement without having it reviewed by your own independent attorney.
Frequently Asked Questions
Do we have to go to court to get a separation agreement?
No. A separation agreement is a private contract negotiated between you and your spouse (usually through your attorneys). You do not need to go to court to create or sign it. In fact, the primary purpose of the agreement is to avoid going to court.
What happens if my spouse violates the agreement?
Because a separation agreement is a legally binding contract, you can sue your spouse for breach of contract if they fail to follow its terms. Once the agreement is incorporated into your final divorce decree, a violation can also be treated as contempt of court.
Can we live in the same house and still be “separated”?
Yes, an in-home separation is possible in Virginia, but it requires strict adherence to specific rules (e.g., separate bedrooms, no shared meals, no sexual relations). Your separation agreement can outline the rules for your in-home separation to ensure the court accepts it.
Take Control of Your Future
A separation agreement allows you to maintain control over your finances, your property, and your children, rather than leaving those decisions to a judge who does not know your family. At Raheen Family Law, we draft ironclad separation agreements that protect our clients’ interests today and in the future. Contact us today or call our Fairfax Divorce Lawyer Now! at 703-223-5295 to schedule a consultation.