Divorce can involve significant legal and financial decisions, particularly when spouses disagree about property, support, or other issues. In Virginia, a divorce may be based on certain fault grounds or on separation. For a no-fault divorce based on separation, the parties generally must live separate and apart without cohabitation and without interruption for one year. If the parties have a valid separation agreement and there are no minor children of the marriage, including certain adopted children, they may qualify for a divorce after six months of continuous separation.

Separation in Virginia

Virginia law does not require a separate court filing simply to begin a period of separation. For purposes of a separation-based divorce, the date of separation generally begins when the parties are physically separated and at least one spouse intends the separation to be permanent, provided the separation continues.

A separation agreement is a contract between spouses that can address important issues arising from the separation and divorce. Depending on the circumstances, an agreement may address property and debts, spousal support, child custody and visitation, child support, and other financial or family matters. A valid agreement may be incorporated into a divorce decree and, when incorporated, can be enforced in the same manner as other provisions of the decree.

Because decisions made during separation can affect the eventual divorce, spouses should consider issues such as housing, finances, property, debts, support, and arrangements for their children before making significant changes.

Property Division and Equitable Distribution

Virginia follows the principle of equitable distribution when dividing marital property and debts. Equitable distribution does not necessarily mean that marital property will be divided equally. Instead, the court classifies property and debts as marital, separate, or part marital and part separate, and then considers the statutory factors when determining how the property should be distributed.

Generally, separate property includes property acquired before the marriage and certain property acquired during the marriage by gift, inheritance, or other qualifying means. Property acquired during the marriage may be marital property, although the classification can depend on how the property was acquired, maintained, or contributed to during the marriage.

Under Virginia Code § 20-107.3, the court considers a number of factors when determining equitable distribution, including:

• The contributions of each spouse to the well-being of the family;
• The contributions of each spouse to the acquisition, care, and maintenance of marital property;
• The duration of the marriage;
• The age and condition of each spouse;
• The circumstances and factors contributing to the dissolution of the marriage;
• How and when specific items of marital property were acquired;
• The debts and liabilities of each spouse;
• The tax consequences to each spouse; and
• Other factors the court considers necessary or appropriate to reach an equitable result.

Depending on the circumstances, a court may determine ownership and value of property, determine the nature of marital and separate debts, award jointly owned property, order a monetary award, or provide other remedies authorized by Virginia law.

Property Settlement Agreements

A property settlement agreement, often included as part of a broader separation agreement, allows spouses to resolve property and financial issues without requiring the court to decide every disputed issue. Agreements may also address matters such as spousal support and arrangements concerning minor children.

A valid agreement can be affirmed, ratified, and incorporated into a divorce decree. Once incorporated, its provisions generally become enforceable as terms of the court’s decree.

Reaching an agreement may allow spouses to resolve issues without prolonged litigation, while giving them greater control over the terms of their settlement. However, an agreement should be carefully reviewed before it is signed because it can have significant and lasting legal and financial consequences.

Considerations During Separation

The separation period can be an important part of the divorce process. Decisions about the marital home, finances, property, debts, support, and children may affect later proceedings. For example, moving out of the marital residence can have legal and practical consequences depending on the circumstances, but there is no universal rule that a spouse should always remain in the marital home. Individuals considering separation should understand the potential consequences of their decisions before taking action.

If minor children are involved, parents should also consider custody, visitation, and child support. Virginia courts determine custody and visitation based on the child’s best interests, while child support is determined under Virginia law and applicable guidelines.

How Raheen Law Group Can Help

At Raheen Law Group, we understand that separation and divorce can be emotional and stressful. Decisions made during the separation period can have lasting consequences, making it important to understand your legal options before entering into an agreement or making significant changes to your circumstances.

Our attorneys can assist with the different stages of the divorce process, including separation, property division, separation and property settlement agreements, spousal support, and matters involving children.

If you are considering separation or divorce in Virginia, contact Raheen Law Group for a consultation to discuss your circumstances and legal options.