VIRGINIA Part 115

Alimony And The Separation Agreement

Many divorcing couples work out the thorny details of alimony and other property divisions as well as other issues such as child custody in a contract known as a separation agreement.

This agreement may be drawn before or after the parties file for divorce and even if they are still living together; it is simply spells out legal rights and obligations without taking any formal action in a court of law. Once agreed to, however, this document, however, is enforceable as a contract should its terms be breached by either party. A separation agreement may also be incorporated into a final divorce decree and then is enforceable as a court order. It is advisable to work with an attorney in crafting a separation agreement that does not waive any rights or the possibility of modification of terms.

If alimony is agreed to in the property settlement agreement and the agreement is incorporated into the final decree, then the court doesn't have the power to change it. But if the court sets the amount of alimony, it may maintain complete control as to whether it can be raised, lowered, or halted.