How Legal Separation Works in Virginia: Divorce From Bed and Board

In Virginia, there is no statute called legal separation, but couples must still be living "separate and apart" before they can file for a no-fault divorce. Spouses typically use a written separation agreement (sometimes called a "property settlement") to lay the groundwork for ending their marriage. Another option in some cases is to file for a "divorce from bed and board."

Here's an overview of how separation works in Virginia, how divorce from bed and board functions like a legal separation, and what to know before signing a separation agreement.

Bed and Board Divorces

A divorce from bed and board in Virginia isn't a divorce at all; it's similar to a legal separation in other states. Some couples request a divorce from bed and board because of religious objections to divorce. However, others use the legal process to get some relief for divorce-related issues while waiting for the separation time period to pass for an absolute divorce.

The grounds (reasons) for a divorce from bed and board must include at least one of the following:

• cruelty
• reasonable apprehension of bodily harm
• willful desertion, or
• abandonment.

(Va. Code Ann. § 20-95 (2025).)

A divorce from bed and board means that at least one spouse is alleging misconduct by the other as the reason for the separation. Although you can begin the divorce process immediately after the conduct took place, the court will only grant a "limited" divorce at first.

The court can award custody, support, and divide property. Still, the spouses remain legally married until the court issues an absolute divorce (which can take up to 12 additional months, depending on the allegations in your divorce complaint). An absolute divorce is the only way either spouse can remarry in the future.

Separation Agreements

Separation agreements, also known as property settlement agreements, are legal contracts signed by both spouses. In an ordinary divorce case or a divorce from bed and board, spouses can use these agreements to decide questions of custody, child support, property division, debt, and other matters that a court would otherwise have to decide in a court hearing as part of the divorce. Most separation agreements deal with all divorce-related issues and can even state that neither spouse will file a fault-based divorce.

Separation Agreements are Binding

Separation agreements also provide that when there is a divorce decree or other court order, the judge will "affirm, ratify, and incorporate" the agreement in the court order. In other words, a court can enforce the separation agreement later as a contract, but it will also be part of a court order, which the court can enforce through contempt-of-court proceedings. Except for child custody and child support, separation agreements are binding, forever, for both parties. Virginia law allows judges to modify or review child custody and child support decisions at any time when it would serve the child's best interests.

Before You Sign an Agreement

In some cases, one spouse will hire an attorney to draft a separation agreement. In other situations, the spouses will agree to use a mediator to draft the agreement's final terms. Because a separation agreement is binding on both spouses, each spouse should have an independent attorney review the document before signing.

Reconciliation

If you and your spouse resume living together as a couple after signing a separation agreement, the law permits the court to void the agreement. However, if your separation agreement includes a reconciliation provision that says it will remain in effect after reconciliation, the court will honor it. Under Virginia law, reconciliation also destroys any grounds for divorce based on the earlier separation or desertion. In other words, if you do reconcile and then later decide to file for divorce, the court will likely require you to start the clock over for your separation.