Monday - Friday8:30AM - 5PM
OfficesFairfax | Manassas
Separation & Agreements · Virginia
Living apart is one thing.
Protecting yourself is another.
A separation agreement is the contract that sets the terms of your life after the marriage ends. Support, custody, property, debt, retirement. Sign the wrong one, and you live with it for years. We help you sign the right one.
First call is a conversation, not a commitment.
The First Thing to Know
A separation agreement is not an agreement to separate. It is the contract that protects everything you and your spouse have already decided.
6 mo.
Minimum separation to file
(no minor children + signed PSA)
(no minor children + signed PSA)
Va. Code § 20-91(A)(9)
1 yr.
Minimum separation to file
if you share minor children
if you share minor children
Va. Code § 20-91(A)(9)
§ 20-155
Virginia code governing
marital agreements
marital agreements
Enforceable as contract
50+
Years of combined
experience at the firm
experience at the firm
Across three NoVa offices
Two Things People Call "Separation"
Only one of them is a contract.
In Virginia, "separation" is a loaded word. It means either physically living apart, or signing a written contract that sets the terms of your divorce. Here is the difference in plain language.
Meaning 01
Physical Separation
The act of living separate and apart from your spouse.
What it isYou begin living separately, with the intent to end the marriage.
What it doesStarts the clock on the waiting period before a divorce can be filed.
Under one roof?Virginia recognizes "separate and apart under the same roof" if certain conditions are met.
Does notSet any terms about support, custody, property, or debt. Nothing is decided.
RiskWithout an agreement in place, every issue stays unresolved while the clock runs.
Meaning 02
Separation Agreement
The written contract that sets the rules. Also called a PSA or MSA.
What it isA signed contract between spouses, enforceable like any other contract under Virginia law.
What it doesSets support, custody, property division, debts, and more, in writing.
Why it mattersOnce signed, it lets you file for divorce after only six months if you have no minor children.
End resultUsually incorporated into the final divorce decree, making it a court order.
CodeGoverned by Va. Code § 20-155 and standard contract law.
What Goes Inside
A real separation agreement covers every loose end.
A good agreement is not just paperwork. It is the blueprint for the next decade of your life. Here are the pieces we make sure your agreement covers, the right way, in the right language. Tap any piece to go deeper.
01
Spousal Support
The amount, the duration, whether it can be modified, and what happens on remarriage or death. Every detail spelled out.
Amount & Duration→ 02Child Support
Virginia uses a guideline formula. We make sure the calculation is right, and we set the right rules for deviations and review.
Guideline-Based→ 03Custody & Visitation
A clear parenting plan with schedules, holidays, decision-making rules, and how the two of you will communicate.
Best Interests Standard→ 04Property Division
Who gets what, when, and under what conditions. Bank accounts, vehicles, furniture, investments, and business interests.
Equitable Distribution→ 05Debt Allocation
Credit cards, loans, the mortgage. Who is responsible, who refinances, and how the lenders are notified.
Joint & Individual Debt→ 06Retirement Accounts
401(k)s, IRAs, pensions, and TSPs. We set the share, the method of division, and the orders needed to make it real.
QDROs & Orders→ 07The Marital Home
Sell, buy out, or grant exclusive use. We work the numbers, the timeline, and the mortgage realities of each option.
Sale, Buyout, or Use→ 08Personal Property
Vehicles, furniture, heirlooms, and the items that carry meaning. A clear list now prevents a fight later.
Inventory & Distribution→ 09Health Insurance
Coverage during the separation, what happens at divorce, COBRA timing, and the children's insurance going forward.
Coverage & COBRA→ 10Tax Considerations
Filing status, the dependency exemption, the mortgage interest deduction, and how support is treated. Mistakes here are expensive.
IRS & Virginia Tax→ 11Dispute Resolution
What happens when something goes wrong. Mediation clauses, attorney fee terms, and the rules for handling disagreements.
Mediation & Enforcement→ 12Modification & Termination
What can be changed later, what cannot, and the legal standard for asking a court to revisit any of it.
Material Change in Circumstances→A Warning Worth Reading
Why we do not love DIY separation agreements.
The internet sells templates for fifty bucks. We see what they break. These are the three mistakes we see most often, and what they cost the people who made them.
01
Rights you didn't know you had
A single line of boilerplate can waive a share of retirement, future spousal support, or your interest in a business. By the time it shows up, the agreement is signed and the money is gone.
02
Custody terms that bind you
Custody and parenting plans can only be changed when there is a material change in circumstances. A schedule that did not fit from day one can be very hard to undo in court.
03
Tax and retirement language
The wrong word on a 401(k) or pension division can cost you the order entirely. Tax provisions written incorrectly can cost thousands every April for the next twenty years.
The honest math. Hiring an attorney to draft your separation agreement almost always costs less than the litigation needed to fix a broken one. We have seen both sides of that bill. The cheap document is rarely the cheap outcome.
How We Build Yours
Five steps from conversation to contract.
A real agreement is built, not pulled off a shelf. Here is how we do it.
Step 01
Discovery
We learn what you own, what you owe, and what matters most to you.
Step 02
Priorities
We help you map your must-haves, your trade space, and your hard limits.
Step 03
Negotiation
We work with your spouse's counsel toward terms that hold up over time.
Step 04
Drafting
Every line written in the right language. We do not work from templates.
Step 05
Signing
You read the whole thing, ask every question, and only then do you sign.
Alisa Chunephisal, Esq.
Family Law Attorney
Attorney Insights
What I wish people understood before they signed.
"A separation agreement is not just paperwork. It is the rulebook for the rest of your life, and people sign them too fast every single day."
-
1
Read every word, even the boilerplate
The most expensive clauses are often the ones that look like background noise. Tax language, waiver language, modification rules. If you do not understand a line, ask. If you still do not understand it, do not sign.
-
2
Build in flexibility where the law allows
Life changes after a divorce. Kids grow up, jobs end, illnesses happen. The right agreement leaves room for the things that can be revisited, and locks down the things that cannot.
-
3
Get it signed before you file
If you have no minor children and a signed agreement, you can file for divorce in Virginia after only six months apart. Without it, the wait is a full year. The agreement is the key that opens the faster door.
Why Families Trust Us
Built on experience, expertise, and a real track record.
When the paperwork you sign will follow you for years, the lawyer behind it matters as much as the language inside it.
Experience
50+
Years Combined
Decades drafting, reviewing, and revising Virginia separation and settlement agreements.
Expertise
100%
Family Law Focus
This is the entire practice. Every line we draft is informed by current Virginia law.
Authority
AV
Preeminent Rated
Martindale-Hubbell AV Preeminent, Super Lawyers, Avvo 10.0, and Best of the Best honors.
Trust
5★
Verified Reviews
Real reviews from real Virginia clients. Earned one careful agreement at a time.
Recognition
Honored by clients and peers, year after year.
★★★★★
"She was responsive when I needed a response and looked out for my best interests. She was direct about how the process would go. I have already recommended her to friends."
Verified Client Review
In Their Own Words
Reviews from the families we have stood beside.
Read what clients across Northern Virginia have shared about working with our attorneys.
Questions People Actually Ask
Plain answers, no legal speak.
These are the questions we hear at the first call about separation. If you have a different one, we are happy to answer it directly.
Have a specific question?
Call 571.260.0999 or send us a message.
What is a separation agreement in Virginia?
A separation agreement is a written contract between spouses that sets the terms for life after the marriage ends. It typically covers spousal support, child support, custody, property division, debts, and retirement accounts. Under Virginia Code § 20-155, the agreement is enforceable as a contract and is usually incorporated into the final divorce decree, which makes it a court order.
Do I need a separation agreement to get divorced in Virginia?
Virginia does not require a separation agreement to get divorced, but having one makes the process much faster and simpler. Without one, the court must decide every contested issue. With one, you can often complete your divorce in a few weeks without going to court. If you do not have minor children and have a signed agreement, you can file for divorce after only six months of living apart instead of a full year.
Can I write my own separation agreement?
You can, but it is risky. A DIY agreement that misses a key term, uses the wrong language, or waives a right you did not know you had can cost you for years. Virginia courts will not always fix a bad agreement after it is signed, and most terms can only be changed with proof of a material change in circumstances. An attorney-drafted agreement is almost always cheaper than the litigation needed to fix a broken one.
Is a separation agreement legally binding in Virginia?
Yes. Under Virginia Code § 20-155, a separation agreement is a binding contract as long as both spouses signed it voluntarily and it meets the standard requirements of any contract. Once it is incorporated into the final divorce decree, it also becomes a court order, and violating it can mean contempt of court.
Can a separation agreement be changed after signing?
It depends on what the agreement says and what you are trying to change. Some terms, like child custody and child support, can be modified by the court when there is a material change in circumstances. Other terms, like the division of property already distributed, are usually permanent. The agreement itself should spell out how and when changes can be made.
When You Are Ready
Before you sign anything, let us read it.
A first conversation is the cheapest part of any divorce. Tell us where you are, and we will help you see what is actually on the table. Three offices across Northern Virginia, one phone number.