Separation Agreements

Your Options For Separation Before Divorce

There are times when married couples in Virginia find themselves in a situation in which divorce is not appropriate or feasible, yet remaining as a couple is not possible either. If you are in a similar situation, it may be appropriate to move forward with a formal separation. At Robert L. Isaacs & Associates, we help our clients in Henrico and throughout the Richmond area draft smart separation agreements that are enforceable and beneficial to the parties involved.

A separation agreement is much like a divorce, but there are significant differences between the two. A separation agreement allows you to live separate lives, with separate finances, yet remain formally married. If you are not ready for divorce, our attorneys can help you make smart decisions that are most beneficial for your current needs and your long-term interests.

Why Separate Instead Of Divorce?

Separation is an option for married couples who are unsure if they are ready to move forward with divorce. This gives them an opportunity to go to counseling, work on financial concerns and carefully consider all options before making a life-altering choice. A separation agreement can address the following:

Child Custody and Parenting Time

Often the most emotionally charged issue in any separation, child custody requires careful planning to ensure everyone’s needs are met as much as possible. A separation agreement clarifies the day-to-day family interactions in your children’s life (living arrangements, visitation schedules, shared responsibilities, etc.). Whether you agree on joint or primary custody, it reduces confusion about who is responsible for what. The main goal of child custody and parenting time planning is to put your wishes down in writing to avoid misunderstandings down the road and to prioritize your children’s well-being.

Financial Support for the Children

Along with parent time, the children’s financial support is vital to plan during the separation period. The separation agreement will specify how child support is to be handled, as well as what happens if the separation ends up longer than planned or transitions into a divorce. Planning finances covers food, clothing, schooling, extracurricular activities, healthcare, and other needs. When there’s a clear financial support plan, both parents can feel more comfortable about meeting the needs of their children.

Matters of Marital Property Division

When you separate, you will need to address the division of property—both personal and shared. Marital property division includes real estate, vehicles, savings accounts and other financial vehicles, personal belongings, stocks, and any other asset. It’s important to be thorough when dividing property so that there is no confusion later. And if you decide to divorce, having property already divided can speed up the process, making the transition smoother and less contentious.

Financial Support for a Spouse

In some cases, one spouse may be entitled to spousal support (AKA alimony). This can be part of the separation agreement and helps to ensure that the spouse who may be financially dependent on the other is supported during the separation period. The amount and duration of spousal support will depend on various factors, including the length of the marriage, the financial needs of the spouse, and the other spouse’s ability to pay.

Other Advantages

One of the benefits of a separation agreement is that it can serve as the foundation for a divorce agreement if you decide to move forward with that option. In Virginia, divorcing couples who already have a separation agreement are able to skip certain administrative processes, including in a no-fault divorce, making the divorce faster and easier.

When drafting a separation agreement, you have significant leeway to make it work well for your unique situation. Our team can help customize creative and personal solutions that will work best for your family.

Discuss Your Situation With Us

When divorce is not an option, you still have options. To discuss your case with an experienced, caring attorney, schedule an appointment with us by calling 804-297-0763 or sending us a message online. We can help.