Legal Question in Family Law in Virginia

Re: Separation Agreement

There is no such legally-recognized document in the Commonwealth of Virginia as a separation agreement. There is, however, a property settlement agreement, signed by both parties, which often at a later date is incorporated into the final decree of divorce.

No one party could unilaterally amend this agreement in any way, shape, or form without the agreement of the other party, and any attempt to do so would be patently invalid.

Re: Separation Agreement

If the agreement is valid, and if the agreement does not set up a way for one party to make a change (or seek to have the court impose a change) then changes in alimony can only be made jointly. This rule would not apply to child support, which can be changed by a court no matter what the parties agreed. Some agreements contain language that modifies alimony by some formula, and a modification in accordance with the formula would be valid whether or not the paying party likes the result.