Does separate property get included in a Virginia separation agreement?

Legal separation in Virginia occurs when two people who are married decide they wish to formally live apart. Legal separation can be the first step in the process of getting divorced, and it often involves the two spouses creating a contract or agreement wherein they decide how certain financial and custody issues will be handled in a divorce. A legal separation agreement, while it includes many things, generally will not include provisions for dividing up separate property- although it may, if the couple chooses to make sure such provisions are included.

The purpose of the separation agreement is to govern how things will work until the couple finalizes a divorce and creates a divorce settlement. It usually doesn't deal with a final division of property or assets, since that will be done when the couple actually creates a divorce settlement. Instead, it might detail things such as:

• Who will have custody of the children and when, while the couple is living apart during the period of separation
• Whether child support will be paid, and in what amount, during the separation
• Whether spousal support will be paid, and in what amount, during the separation
• Who will live in the family home and how it will be paid for. 

Separate property, and the division of property in general, will be considered when a divorce agreement is actually made and all assets are divided. Generally, under the law, separate property simply goes to the person who owned it before the marriage. The divorce agreement may lay that out, but the property won't have to be split up as joint or marital property will. 

If you are concerned about keeping your separate property, or otherwise protecting your legal rights during a divorce, then you need to call a lawyer as soon as you begin contemplating ending your marriage.