Virginia
Legal Separation in Virginia: Divorce From Bed and Board (2026)
Independently fact-checked against primary sources (last audited October 10, 2026). · 18 primary sources cited on this page. How we verify our legal content
Virginia's statutes do not use the term "legal separation." The closest action is a divorce from bed and board under Va. Code § 20-95, which lets a court separate the spouses without ending the marriage, and circuit courts also hear claims for separate maintenance (§ 20-96).
Information last verified on 2026-10-10. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers divorce from bed and board and separate maintenance in Virginia under Title 20 of the Code of Virginia, mainly §§ 20-91, 20-95, 20-96, 20-97, 20-103, 20-107.1, 20-107.2, 20-107.3, 20-111.1, 20-116, 20-117, 20-120, 20-121, 20-121.01 and 20-121.02. It does not cover the inheritance effects of a bed-and-board decree, separation agreements made outside court, or the law of other states. For absolute divorce, see Virginia divorce laws.
Does Virginia have legal separation?
Not under that name. Virginia offers two court routes for spouses who want to live apart with court orders in place but stay married:
- Divorce from bed and board under § 20-95. Despite the word "divorce," this decree does not end the marriage; § 20-116 provides that neither spouse may marry again during the other's life.
- A claim for separate maintenance. Section 20-96 gives the circuit court jurisdiction over "claims for separate maintenance," and § 20-107.1(A) lets the court award support in that setting. Chapter 6 of Title 20 refers to separate maintenance in §§ 20-96, 20-103, 20-107.1, 20-107.2 and 20-109.1. This page does not cover what a spouse must prove to win a separate maintenance claim; ask a Virginia family lawyer.
Grounds for a divorce from bed and board
The current Code text of § 20-95 reads: "A divorce from bed and board may be decreed for cruelty, reasonable apprehension of bodily hurt, willful desertion, abandonment, or on the application of either party upon the parties living separate and apart with the intent of at least one of the parties to remain separate and apart permanently. No waiting period is required for the filing of a divorce from bed and board pursuant to this section, but such divorce may be decreed only in accordance with the provisions of § 20-91."
The final sentence ties the decree to § 20-91, the absolute-divorce grounds section. For the separation ground, § 20-91(A)(9)(a) reads: "On the application of either party if and when they have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children ... a divorce may be decreed on application if and when they have lived separately and apart without cohabitation and without interruption for six months."
The separate-and-apart ground and the no-waiting-period sentence in § 20-95 were added by 2026 Acts chapter 918 (HB 303), approved April 13, 2026 and effective July 1, 2026. This page does not cover how courts are applying the "only in accordance with § 20-91" clause. If timing matters in your case, ask the circuit court clerk or a Virginia family lawyer.
Residency and where to file
Bed-and-board and separate maintenance cases are heard in circuit court. Section 20-96 provides that "The circuit court shall have jurisdiction of suits for annulling or affirming marriage and for divorces, and claims for separate maintenance, and such suits shall be heard by the judge as equitable claims."
Section 20-97 requires that, for a suit "for divorce," one spouse have been a bona fide resident and domiciliary of Virginia for at least six months before filing. A divorce from bed and board is a form of divorce under Chapter 6, so that rule appears to apply to it; confirm with the clerk before filing. The Virginia Judicial System's Court Self-Help divorce page has general information on divorce cases.
What a divorce from bed and board does
Section 20-116 sets out the core effect: "the court may decree that the parties be perpetually separated and protected in their persons and property." The decree operates on property acquired afterward, and on the spouses' personal rights and legal capacities, as a divorce from the bond of matrimony does, except that neither spouse may marry again during the other's life.
The court can also order:
- Spousal support. Section 20-107.1(A) allows maintenance and support on a divorce "whether from the bond of matrimony or from bed and board," and for separate maintenance. See Virginia alimony laws for how support is set.
- Temporary orders. Under § 20-103(A), while a divorce or separate maintenance suit is pending, the court can order support, custody, exclusive possession of the home and steps to preserve the estate.
- Custody and child support. Section 20-107.2 lets the court decree custody, visitation and support of the minor children on a divorce from bed and board or in a separate maintenance case.
Property division is less clear. Virginia's equitable distribution statute, § 20-107.3(A), applies "upon decreeing the dissolution of a marriage, and also upon decreeing a divorce from the bond of matrimony." It does not name a divorce from bed and board. Ask a Virginia family lawyer whether marital property can be divided in a bed-and-board case or only in a later absolute divorce. For custody and child support, see Virginia child custody laws.
Beneficiary designations and inheritance
Section 20-111.1, which revokes revocable beneficiary designations naming a former spouse, applies to an annulment or a divorce "from the bond of matrimony." A divorce from bed and board is not named in that section. This page does not cover how a bed-and-board decree affects inheritance or elective-share rights; ask a Virginia estate or family lawyer.
Converting a bed-and-board decree to an absolute divorce
A divorce from bed and board does not have to be the end of the matter. These sections govern what comes next:
| What can happen | How | Cite |
|---|---|---|
| Merger into an absolute divorce | On application of either spouse, the court "may merge such decree into a decree for divorce from the bond of matrimony" once one year has passed since the event giving rise to the bed-and-board decree (six months with a separation agreement and no minor children), the spouses have stayed separated without interruption, and no reconciliation is probable | § 20-121 |
| A later divorce on another ground | A bed-and-board decree does not bar a later divorce from the bond of matrimony on any ground that would otherwise justify it, unless that cause existed and was known before the bed-and-board decree | § 20-117 |
| Revocation | A § 20-95 decree can be revoked on submission of an order endorsed by both spouses or their counsel | § 20-120 |
| Switching to an absolute divorce while the case is pending | Once a § 20-91(A)(9) separation ground exists, either spouse may move for a divorce from the bond of matrimony without amending the complaint; in desertion or cruelty cases the court may enter an absolute divorce without first entering a bed-and-board decree once the § 20-121 period has passed and no reconciliation has taken place or is probable | §§ 20-121.02, 20-121.01 |
Disclaimer: This article provides general legal information about divorce from bed and board and separate maintenance under Title 20 of the Code of Virginia, including § 20-95. It is not legal advice. The information was last verified on 2026-10-10. For advice about a specific situation, consult a lawyer licensed in Virginia or the clerk of the circuit court.
Related
- Legal separation laws in every state
- Virginia divorce laws
- Virginia alimony laws
- Virginia child custody laws
- Virginia child support laws
Last updated: 2026-10-10.
Frequently Asked Questions
Is there legal separation in Virginia?
Not by that name. Virginia's closest equivalent is a divorce from bed and board under Va. Code § 20-95, and circuit courts also hear claims for separate maintenance (§ 20-96).
What is a divorce from bed and board in Virginia?
It is a decree under Va. Code § 20-95 that lets the court order the spouses perpetually separated and protected in their persons and property while they stay married; neither may remarry during the other's life (§ 20-116).
Do you have to be separated for a year to file for a divorce from bed and board in Virginia?
No waiting period is required to file under the current § 20-95 (effective July 1, 2026), but the decree may be entered only in accordance with § 20-91. Section 20-91's separation ground requires one year apart, or six months with a separation agreement and no minor children; ask a Virginia family lawyer how courts are applying that cross-reference.
Can you get spousal support without a divorce in Virginia?
Va. Code § 20-107.1(A) allows spousal support on a divorce from bed and board and in a claim for separate maintenance, both of which leave the marriage in place.
How do you turn a divorce from bed and board into a final divorce in Virginia?
Either spouse may apply to merge it into a divorce from the bond of matrimony under § 20-121 once the required time has passed since the event that gave rise to it, the spouses have stayed apart without interruption and reconciliation is not probable.
Can I remarry after a divorce from bed and board in Virginia?
No. Va. Code § 20-116 provides that neither party may marry again during the life of the other.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Code of Virginia, Title 20: Domestic Relations
§ 20-95Grounds for divorces from bed and boardIn forcecited in 2 of our articles
A divorce from bed and board may be decreed for cruelty, reasonable apprehension of bodily hurt, willful desertion, abandonment, or on the application of either party upon the parties living separate and apart with the intent of at least one of the parties to remain separate and apart permanently. No waiting period is required for the filing of a divorce from bed and board pursuant to this section, but such divorce may be decreed only in accordance with the provisions of § 20-91.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Also relied on in: Virginia Divorce Laws (2026): Grounds, Residency, and Process
§ 20-116Effect of divorce from bed and board and what court may decreeIn force
In granting a divorce from bed and board, the court may decree that the parties be perpetually separated and protected in their persons and property. Such decree shall operate upon property thereafter acquired, and upon the personal rights and legal capacities of the parties, as a decree for a divorce from the bond of matrimony, except that neither party shall marry again during the life of the other.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 20-121Merger of decree for divorce from bed and board with decree for divorce from bond of matrimonyIn force
In any case where a decree of divorce from bed and board has been granted, and the court shall determine that one year has elapsed since the event which gave rise to such divorce or, in any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, that six months has elapsed since such event, and the parties have been separated without interruption since such divorce was granted and no reconciliation is probable, it may merge such decree into a decree for divorce from the bond of matrimony upon application of either party. The injured party need not give the guilty party notice of his application to the court if such application is limited to such merger nor of the taking of depositions in support thereof, but shall give due notice if he raises new matters. If the guilty party initiates proceedings for such merger he shall give the other party ten days' notice thereof.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 20-117Divorce from bond of matrimony after divorce from bed and boardIn force
The granting of a divorce from bed and board shall not be a bar to either party obtaining a divorce from the bonds of matrimony on any ground which would justify a divorce from the bonds of matrimony if no divorce from bed and board had been granted, unless the cause for absolute divorce was existing and known to the party applying for the divorce from the bonds of matrimony before the decree of divorce from bed and board was entered. 1934, p. 504; Michie Code 1942, § 5112a.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 20-91Grounds for divorce from bond of matrimony; contents of decreeIn forcecited in 4 of our articles
A. A divorce from the bond of matrimony may be decreed: (1) For adultery that occurred prior to the date of the last separation of the parties; or for sodomy or buggery committed outside the marriage; (2) [Repealed.] (3) Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to his conjugal rights); (4) [Repealed.] (5) [Repealed.] (6) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act; or (7) [Repealed.] (8) [Repealed.] (9) (a) On the application of either party if and when they have lived separate and apart without any cohabitation and without interruption for one year.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at law.lis.virginia.gov
Also relied on in: Divorce Laws by State (2026): Grounds, Residency, and Property, Virginia Spousal Support (Alimony) Laws: How It Works (2026)
§ 20-107.1Court may decree as to maintenance and support of spousesIn forcecited in 4 of our articles
A. Pursuant to any proceeding arising under subsection L of § 16.1-241 or upon the entry of a decree providing (i) for the dissolution of a marriage, (ii) for a divorce, whether from the bond of matrimony or from bed and board, (iii) that neither party is entitled to a divorce, or (iv) for separate maintenance, the court may make such further decree as it shall deem expedient concerning the maintenance and support of the spouses, notwithstanding a party's failure to prove his grounds for divorce, provided that a claim for support has been properly pled by the party seeking support. However, the court shall have no authority to decree maintenance and support payable by the estate of a deceased spouse. B. Any maintenance and support shall be subject to the provisions of § 20-109, and no permanent maintenance and support shall be awarded from a spouse if there exists in such spouse's favor a ground of divorce under the provisions of subdivision A (1) of § 20-91.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at law.lis.virginia.gov
Also relied on in: Common Law Marriage in Virginia: Is It Recognized? (2026)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Va. Code § 20-95 (divorce from bed and board), current text(law.lis.virginia.gov).gov
- Code of Virginia, Title 20, full text: §§ 20-91, 20-96, 20-97, 20-103, 20-107.1, 20-107.3, 20-109.1, 20-111.1, 20-116, 20-117, 20-120, 20-121(law.lis.virginia.gov).gov
- Virginia Judicial System, Court Self-Help: Divorce(selfhelp.vacourts.gov).gov
- Va. Code § 20-91 (grounds for divorce from bond of matrimony)(law.lis.virginia.gov).gov
- Va. Code § 20-96 (jurisdiction)(law.lis.virginia.gov).gov
- Va. Code § 20-97 (domicile and residence)(law.lis.virginia.gov).gov
- Va. Code § 20-103 (orders pending suit)(law.lis.virginia.gov).gov
- Va. Code § 20-107.1 (spousal support)(law.lis.virginia.gov).gov
- Va. Code § 20-107.2 (custody and support of children)(law.lis.virginia.gov).gov
- Va. Code § 20-107.3 (property and debts)(law.lis.virginia.gov).gov
- Va. Code § 20-111.1 (revocation of death benefits)(law.lis.virginia.gov).gov
- Va. Code § 20-116 (effect of divorce from bed and board)(law.lis.virginia.gov).gov
- Va. Code § 20-117 (divorce from bond of matrimony after divorce from bed and board)(law.lis.virginia.gov).gov
- Va. Code § 20-120 (revocation of decree from bed and board)(law.lis.virginia.gov).gov
- Va. Code § 20-121 (merger)(law.lis.virginia.gov).gov
- Va. Code § 20-121.01 (absolute divorce without bed-and-board decree)(law.lis.virginia.gov).gov
- Va. Code § 20-121.02 (divorce without amended bill)(law.lis.virginia.gov).gov
- Virginia LIS, HB 303 (2026), Acts of Assembly Chapter 918(lis.virginia.gov).gov