A separation agreement is a formal agreement between husband and wife. A separation agreement usually contains, among others, the following provisions:
" If there are children, how much child support is to be paid and the terms of payment.
" A visitation schedule.
" How much alimony (if any) is to be paid.
" Responsibility for the joint bills.
" Who will remain in the marital residence and who will pay for its upkeep.
" How to split any tax refund and tax deductions.
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Under Virginia law, once you and your spouse have signed a separation agreement, the court will usually approve it and incorporate it into your final divorce decree. But we don't recommend that you do this on you own.
Things You Should Not Do During Legal Separation Do Not Move Out of Your Family Home. ... Do Not Rush into a New Relationship. ... Do Not Deny Your Partner the Right to Co-Parenting. ... Do Not Involve Your Family Members and Friends in Your Separation Process. ... Do Not Sign Any Documents Without the Consent of Your Lawyer.
Separation agreements typically resolve any and all outstanding issues between the parties, including the division of property and debts, spousal support, and child custody, visitation and support (where applicable).
Is financial support still required? If both spouses are financially independent and capable of sustaining themselves without assistance from the other, financial support during separation may not be required. However, this can vary depending on the specific circumstances of each case.
Under Virginia law, married people are financially responsible for each other - the husband has a duty to support his wife, and the wife has a duty to support her husband. This duty lasts until the final Decree in Divorce is granted. It doesn't stop simply because the couple separates.
Legal separation is not available in Virginia. Instead, the only option for ending a marriage is for the couple to file for divorce, either a traditional no-fault divorce or a divorce from bed and board. Divorce from bed and board requires one spouse to allege fault, like cruelty, desertion, or abandonment.
The Cons of Separation If you want to marry someone else, you cannot do that (legally) until you divorce. Financially, you and your spouse may still be entangled in marital property (vacation home mortgage, primary residence mortgage, loans in both names, student loans).
