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All About Property Settlement Agreements in Virginia

Separation Agreements (also called martial settlement agreements, property separation agreements, property settlement agreements, PSAs, MSAs, etc., etc.) are a way for parties to determine all of most of the issues to be considered when divorcing, before they actually file for divorce. Issues that can be governed by a property settlement agreement include, but are in no way limited to:

  • child custody/support/visitation;
  • alimony or spousal support;
  • division of property;
  • division of pension/retirement plans;
  • tax planning; and
  • insurance coverage

The benefits of having an agreement are numerous, with the chief among them being that the parties decide rather than the judge.

In addition to the security and stability benefits from a property settlement agreement, signing one will also reduce the waiting period from 12 months to 6 months if the parties have no minor children and are seeking a divorce on separation grounds.


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Virginia is an equitable distribution state, which means if the spouses don't agree, the marital estate will be divided fairly but not necessarily equally. In dividing property the court considers the contributions, both "monetary and non-monetary," of each spouse, the duration of the marriage, the ages and conditions of each spouse, how marital property was acquired, the debts and liabilities of each spouse, tax consequences, dissipation, the "character of all marital property," and "other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award."
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