Blog Post
the Role of a Separation Agreement
2/8/2026
A separation agreement—also called a marital settlement agreement or property settlement agreement—is a contract outlining how key matters will be handled during separation and often after divorce.
A well-drafted agreement typically covers:
Division of marital property and debts
Spousal support (if applicable)
Child custody, visitation, and support responsibilities
Use of the marital home and living expenses
Insurance, retirement accounts, and financial obligations
Virginia law requires agreements to be voluntary, fair, in writing, and mutually understood. A strong separation agreement protects both parties now and lays the groundwork for a smoother divorce later.
Can You Be Separated While Living Under the Same Roof?
Yes—but there are important rules.
Behavior matters: Separate bedrooms, independent finances, and separate daily routines are key.
Evidence matters: Documentation like emails, texts, witness statements, or a signed separation agreement helps prove separation is intentional.
Living together without clear boundaries can complicate your divorce timeline if not handled properly.
A Fairfax separation lawyer can help you set clear rules, gather evidence, and maintain legal separation while under one roof.
Custody, Support, and Property During Separation
Separation doesn’t pause life. Responsibilities for children, finances, and property continue.
Custody & Parenting
Custody and visitation can be agreed upon privately or ordered temporarily by the court.
A parenting plan ensures stability for your children during the separation.
Financial Support & Shared Expenses
Both parents remain responsible for child support.
Spousal support may be appropriate depending on financial disparities.
Shared bills—mortgages, loans, insurance—should be addressed in a separation agreement or temporary order.
Property & Temporary Use
Who stays in the home, uses vehicles, or maintains bank accounts can be settled temporarily during separation.
Why Legal Guidance Matters
Separation is a legal and strategic step, not just an emotional one. Early planning affects:
Child custody and visitation
Property and debt division
Support obligations
The timeline and ease of eventual divorce
Working with a Fairfax separation attorney provides:
Clear understanding of Virginia separation laws
Protection for your assets and children
Peace of mind through documentation and strategy
Guidance for temporary arrangements while preparing for divorce
Move Toward Clarity With a Fairfax Separation Lawyer
Separation is rarely simple, but it doesn’t have to be chaotic. With the right legal guidance, you can:
Protect your children and finances
Establish boundaries and responsibilities
Prepare for divorce with confidence and clarity
At Fairfax Divorce Lawyers, we provide compassionate, experienced guidance through separation and beyond. Request a confidential case evaluation today to discuss your options and take control of your future.
The Irving Law Firm – Fairfax Divorce Lawyers
10505 Judicial Drive Suite 300
Fairfax, VA 22030
(571) 474-1990
https://www.FairfaxDivorceLawyers.com/