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Updated January 31, 2024

A Virginia separation agreement is a contractual arrangement in which couples determine rights and obligations for a period when they no longer wish to live together but are not ready to get a divorce.

Virginia does have a statute addressing “divorce from bed and board,” an older version of legal separation, but it is not frequently used. Instead, couples are empowered to create contracts to address property issues but may need to pursue a divorce to address certain matters, like child custody.

Is a Separation Agreement Legal in Virginia?

Yes, spouses can create their own agreements settling property rights. While Virginia technically does not recognize legal separation, a spouse can petition a court for a very similar process known as “divorce from bed and board” or separate maintenance, which results in a court order over property and support issues.^[1]^[2]

Legal Separation Requirements

Filing Fee: $86 (Separate Maintenance)
Residency: At least one of the spouses must have resided in the state for at least six months leading up to the filing.^[3]
Where to File: With the Circuit Court for the county where either spouse resides.