NORTHERN VIRGINIA FAMILY LAW ATTORNEYS Legal Insights

Every Asset, Every Debt: What a Springfield Property Settlement Agreement Must Cover

Springfield, Virginia · Property Settlement Agreements

A property settlement agreement is the financial backbone of a Springfield divorce. It decides who keeps the house, how the accounts split, who carries the debt, and how any pension is divided. Get it complete and precise, and the rest of the divorce follows easily. Leave gaps, and those gaps become the next fight. Let me show you what yours needs to cover.

By Corrie Sirkin, Esq. · Founding Partner, NOVA Legal Professionals

This article is one part of our larger divorce guide. For the full picture, start with our cornerstone, Divorce in Virginia. Here, I will focus on what goes into the property settlement agreement.

What a property settlement agreement is

A property settlement agreement, often just called a PSA, is the written contract that divides everything you own and owe and sets out any support. It is the financial half of your separation agreement, and it is what lets the court divide your estate on your terms instead of applying the equitable distribution factors itself. Under Va. Code § 20-155, it is enforceable once it is in writing and signed by both spouses.

What yours must cover

  • The marital home. Whether it is sold, or one spouse buys the other out and refinances, with dates and dollar figures.
  • Bank and investment accounts. Each account named, with who receives what.
  • Retirement. Every 401(k), pension, IRA, and federal benefit, with the specific order needed to divide each one.
  • Debt. Who is responsible for each loan and card, and how joint debts are handled.
  • Support. Spousal support, if any, the amount, and exactly when it ends.
  • Taxes. Filing status for the year, who claims what, and how any refund or liability is split.

Precision is the whole game

The agreements that come back to court are the vague ones. “Split the retirement fairly” is not a plan, it is a future argument. Name the account, state the share or the dollar figure, and say who does what by when. The clearer the language, the less room there is for a disagreement later, and the easier it is to enforce if one spouse does not follow through. For how the underlying property rules work, see our pages on equitable distribution and property settlement agreements.

A Word About Federal Benefits in the PSA

Springfield has many military and federal families, and their benefits need exact language. A PSA that just says “divide the pension” can stall at the agency, because a military pension, a federal civilian pension, and a Thrift Savings Plan each require a different order. The agreement should name the correct order for each benefit and address any survivor coverage, so the division actually goes through instead of failing at the plan office.

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Once it is signed, the property terms are final

When your divorce is granted, the court can affirm, ratify, and incorporate your PSA into the decree under Va. Code § 20-109.1. At that point the agreement is enforceable as both a contract and a court order, and the property division terms generally cannot be changed afterward. That permanence is exactly why the time to get every figure right is before you sign, not after.

Where a Springfield divorce is finalized

Springfield is part of Fairfax County, so your divorce and the PSA that comes with it go through the Fairfax Circuit Court, the 19th Judicial Circuit, at 4110 Chain Bridge Road in the City of Fairfax.

“A property settlement agreement is not the place to be polite and vague. Every line you leave fuzzy is a line someone can fight about later.

Corrie Sirkin, Esq. · Founding Partner

Corrie’s Practical Advice

Three habits make a Springfield PSA hold up. First, build a full inventory of assets and debts before you draft, because the agreement can only divide what it names. Second, for every retirement benefit, write in the exact order that divides it and any survivor coverage, especially for federal and military pensions. Third, set dates and dollar figures, not intentions, so each obligation has a clear deadline and amount that a court could enforce.

Specific terms settle. Vague terms litigate. Write the specific version.

Authoritative References

Sources

  1. Code of Virginia, § 20-155. Marital agreements are enforceable when in writing and signed by both spouses. law.lis.virginia.gov/vacode/title20
  2. Code of Virginia, § 20-109.1. A court may affirm, ratify, and incorporate the agreement into the decree of divorce. law.lis.virginia.gov/vacode/title20
  3. Code of Virginia, § 20-107.3. Equitable distribution factors the agreement is meant to settle by consent. law.lis.virginia.gov/vacode/title20
  4. Fairfax County Circuit Court. Divorce filing for the 19th Judicial Circuit, serving Springfield. fairfaxcounty.gov/circuit

Statutory rules verified against the current Code of Virginia as of June 2026.

Frequently Asked Questions

What is the difference between a separation agreement and a property settlement agreement?

In Virginia the terms overlap and are often used for the same document. A separation agreement is the broad contract that settles your divorce, and the property settlement portion is the part that divides assets, debts, and support. Many couples sign a single agreement that does both. What matters is that it is complete, written, and signed.

What should a property settlement agreement include?

It should cover the marital home, every bank and investment account, all retirement benefits with the specific order that divides each, the allocation of debts, spousal support and when it ends, and tax matters. For federal and military families, it should also name the correct retirement order for each benefit and address survivor coverage.

Can the property terms be changed after the divorce?

Generally no. Once the agreement is incorporated into the decree under Va. Code § 20-109.1, the property division terms are final and cannot be modified. Some terms, such as child support, remain modifiable because the law allows it. This is why the property and debt terms need to be right before signing.

How are federal and military pensions handled in the agreement?

Each one needs its own order named in the agreement. A federal civilian pension is divided through a Court Order Acceptable for Processing with OPM, the Thrift Savings Plan through its own retirement benefits court order, and a military pension through a military order to DFAS. The agreement should also address survivor coverage so the benefit continues if the retiree dies.

What happens if my spouse does not follow the agreement?

Once the PSA is incorporated into the divorce decree, it is enforceable as a court order, so the court’s enforcement tools, including contempt, are available. Because an incorporated agreement is often not merged, it can also be enforced as a contract. Clear, specific terms make enforcement far easier than vague ones.

When You Are Ready

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Tell me what your estate looks like, and I will help you turn it into a precise agreement that holds up. The first call is a conversation, not a commitment.

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