Virginia Legal Separation Agreement
Virginia's legal separation is a divorce from bed and board (a mensa et thoro) under Va. Code 20-95, which separates a couple without ending the marriage.
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Introduction
Virginia's form of legal separation is a divorce from bed and board, known by its Latin name a mensa et thoro, a court decree under Va. Code 20-95 that separates a married couple without ending the marriage. A divorce from bed and board may be decreed for cruelty, reasonable apprehension of bodily hurt, willful desertion, or abandonment, and, following a 2026 amendment to Va. Code 20-95, on the application of either party where the parties are living separate and apart with the intent of at least one of them to remain so permanently, with no waiting period required to file on that ground. Despite the word divorce in its name, a divorce from bed and board does not dissolve the marriage: the couple is legally separated, the court can address support and property, but the spouses stay married and neither may remarry. To end the marriage entirely, the bed-and-board decree is later merged into an absolute divorce, a divorce from the bond of matrimony (a vinculo matrimonii). By statute the court may merge the decree upon the application of either party once one year has elapsed since the event that gave rise to the bed-and-board divorce, or, where the parties have entered a separation agreement and have no minor children, once six months has elapsed, provided the parties have been separated without interruption and no reconciliation is probable (Va. Code 20-121). Couples choose a divorce from bed and board over an immediate absolute divorce to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security spousal benefits, for religious reasons, or as a step short of ending the marriage. The division of property and debts follows Virginia's equitable-distribution rules and belongs in a Virginia Marital Settlement Agreement; if you decide to end the marriage instead, the pleading that starts an absolute divorce is a Virginia Divorce Petition. DocDraft builds your Virginia separation agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
Virginia's legal separation is a divorce from bed and board (Latin: a mensa et thoro) under Va. Code 20-95. Despite its name, it separates the couple without dissolving the marriage; neither spouse may remarry until an absolute divorce is granted.
- 2
A Virginia divorce from bed and board may be decreed for cruelty, reasonable apprehension of bodily hurt, willful desertion, or abandonment, and, under a 2026 amendment to Va. Code 20-95, where the parties live separate and apart with the intent of at least one to remain so permanently.
- 3
The 2026 amendment to Va. Code 20-95 added a no-waiting-period path: a divorce from bed and board may be filed on the living-separate-and-apart ground with no waiting period required, though it may be decreed only in accordance with Va. Code 20-91.
- 4
A Virginia divorce from bed and board does not end the marriage. The couple stays legally married and neither may remarry; the marriage ends only when the decree is later merged into an absolute divorce.
- 5
A Virginia bed-and-board decree may be merged into an absolute divorce upon application of either party once one year has elapsed since the event that gave rise to it, or six months if the parties have a separation agreement and no minor children, with continuous separation and no probable reconciliation (Va. Code 20-121).
- 6
Couples choose a Virginia divorce from bed and board over an immediate absolute divorce to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security benefits, for religious reasons, or as a step short of ending the marriage.
- 7
Property and debts in a Virginia separation follow the state's equitable-distribution rules (Va. Code 20-107.3), so those terms belong in a marital settlement agreement rather than the separation itself; see the Virginia marital settlement agreement page.
Key decisions before you file
Before you file a Legal Separation Agreement in Virginia, a few decisions shape the document: which option to choose and what each one means. The Legal Separation Agreement guide walks through them.
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Virginia Requirements for Legal Separation Agreement
Legal Separation Is a Divorce From Bed and Board
Virginia's legal-separation vehicle is a divorce from bed and board (a mensa et thoro) under Va. Code 20-95. Despite the name, it separates the couple without dissolving the marriage, and neither spouse may remarry until an absolute divorce is granted.
Grounds for the Decree
A Virginia divorce from bed and board may be decreed for cruelty, reasonable apprehension of bodily hurt, willful desertion, or abandonment, and, under a 2026 amendment to Va. Code 20-95, where the parties live separate and apart with the intent of at least one to remain so permanently.
No Waiting Period on the Separation Ground
The 2026 amendment to Va. Code 20-95 provides that no waiting period is required to file a divorce from bed and board on the living-separate-and-apart ground. Any decree is still entered in accordance with Va. Code 20-91.
Marriage Is Not Dissolved
A Virginia divorce from bed and board does not end the marriage. The couple stays legally married and neither may remarry. The marriage ends only when the decree is later merged into an absolute divorce.
Merger Into an Absolute Divorce
Under Va. Code 20-121 a bed-and-board decree may be merged into an absolute divorce upon application of either party once one year has elapsed since the event that gave rise to it, or six months if the parties have a separation agreement and no minor children, with continuous separation and no probable reconciliation.
Spousal Support
The Virginia court can order spousal support in connection with a separation under Va. Code 20-107.1. Support terms can also be fixed by the parties' own written separation agreement, subject to the statute.
Equitable Distribution of Property
Virginia divides marital property and debts equitably rather than automatically equally under Va. Code 20-107.3. Because this is the same division used in an absolute divorce, set it out in a Virginia marital settlement agreement rather than in the bed-and-board decree itself.
Reasons to Choose Separation Over Divorce
A Virginia divorce from bed and board keeps the marriage in place, which can preserve a spouse's health insurance, help reach the ten-year mark for certain military and Social Security benefits, or serve religious or trial-step reasons. Confirm insurance effects with the plan, since many treat a legal separation like a divorce.