Consequences & Stakes of Marital Separation in Virginia

Marital separation in Virginia, while not a judicial status, carries profound legal and personal consequences that can shape your future indefinitely. It fundamentally alters the marital relationship, initiating a period that impacts everything from property rights and financial obligations to parental responsibilities and eligibility for divorce. Navigating this period without clear legal understanding can lead to significant financial detriment, custody disputes, and emotional distress.

The stakes involved are immense. When spouses begin living separate and apart, it triggers a chain of events under Virginia law that will determine the division of marital assets and debts, the allocation of spousal support, and crucially, the custody, visitation, and financial support arrangements for any minor children. While there isn’t a specific statute for “judicial separation,” the period of living separate and apart is explicitly referenced in Virginia Code § 20-91 as a prerequisite for a no-fault divorce. Without a proper understanding of these implications, individuals risk inadvertently compromising their financial future or their relationship with their children.

Financial Ramifications During Separation

Even though you are physically separated, your financial lives may remain intertwined until a final divorce decree or a comprehensive separation agreement is in place. Debts incurred by one spouse during this period can still be considered marital debt, depending on their purpose and nature. Income earned by either party continues to be marital property until the divorce is finalized. This critical period demands careful financial planning and immediate consideration of how assets, debts, and income will be managed.

Impact on Children

For parents, the primary concern during separation is almost invariably the welfare of their children. Virginia law, particularly Virginia Code § 20-124.2, mandates that all decisions regarding child custody and visitation must be made in the “best interests of the child.” A period of separation often necessitates new parenting schedules, communication protocols, and financial arrangements for child support. Without a formal agreement, disputes can arise, leading to instability for the children and potentially requiring court intervention from the Virginia Circuit Courts or Juvenile and Domestic Relations District Courts.

Spousal Support Considerations

Spousal support, also known as alimony, is a significant consideration during separation. Virginia Code § 20-107.1 provides the framework for determining spousal support based on various factors, including the needs of one spouse and the ability of the other to pay, the duration of the marriage, the contributions of each spouse to the family, and the circumstances that led to the dissolution of the marriage. An agreement reached during separation can address this, or it can be decided by a court at the time of divorce. Failure to address spousal support during separation can lead to uncertainty and potential financial hardship for the dependent spouse.

Property Division

Virginia is an equitable distribution state, meaning marital property is divided fairly, though not necessarily equally, based on factors outlined in Virginia Code § 20-107.3. During separation, marital property (assets acquired during the marriage) remains subject to division upon divorce. This includes real estate, retirement accounts, bank accounts, and businesses. A comprehensive separation agreement is the most effective way to address the division of these assets and debts proactively, preventing future disputes and ensuring a clear path forward.

The Legal Process of Separation in Virginia

The legal process for “legal separation” in Virginia fundamentally centers on the act of living separate and apart with the intent to end the marriage, often formalized by a comprehensive Separation Agreement. This period is a crucial prerequisite for obtaining a no-fault divorce and allows spouses to resolve critical issues outside of litigation, if possible.

Understanding “Separate and Apart”

In Virginia, the phrase “living separate and apart” means precisely what it implies: the spouses must live in separate residences, and at least one party must harbor the intent that the separation will be permanent and lead to divorce. While this period often begins informally, it is the cornerstone for a no-fault divorce filing under Virginia Code § 20-91. For couples with minor children, this period must be a continuous year. For couples without minor children, and if they have a written separation agreement, the period is reduced to six months.

The Role of the Separation Agreement

A Separation Agreement (also known as a Property Settlement Agreement or Marital Settlement Agreement), while not a court order of “separation,” is the most powerful tool for formalizing the terms of a separation in Virginia. This legally binding contract allows spouses to privately negotiate and agree upon crucial issues such as:

• Property Division: How marital assets (real estate, bank accounts, investments, retirement funds) and debts will be divided, referencing Virginia Code § 20-107.3.
• Spousal Support: Whether spousal support (alimony) will be paid, for how long, and in what amount, aligning with factors in Virginia Code § 20-107.1.
• Child Custody and Visitation: Creating a parenting plan that outlines physical and legal custody arrangements and a visitation schedule, always prioritizing the child’s best interests as per Virginia Code § 20-124.2.
• Child Support: Determining child support obligations based on the Virginia child support guidelines.
• Other Provisions: Addresses issues like health insurance, life insurance, tax filings, and responsibility for attorney fees.

Once signed by both parties, this agreement is a binding contract. It can later be incorporated into a final divorce decree by the Virginia Circuit Courts, which typically handle such matters. Virginia Code § 20-155 outlines the validity and enforceability of marital agreements.

Navigating Court Involvement

While a Separation Agreement aims to minimize court intervention, there are instances where the Virginia judicial system becomes involved during or after separation:

• Pendente Lite Orders: If spouses cannot agree on temporary support, custody, or visitation during the separation period, either party can petition the Juvenile and Domestic Relations District Courts or the Circuit Courts for interim orders (known as pendente lite orders). These orders are temporary and remain in effect until a final agreement or divorce decree is reached.
• Filing for Divorce: Once the requisite separation period has passed, one party can file a Complaint for Divorce with the appropriate Virginia Circuit Court. If a comprehensive Separation Agreement exists, the divorce can often proceed as an “uncontested” divorce, streamlining the process significantly.
• Enforcement: Should one party violate the terms of a Separation Agreement, the aggrieved party can seek enforcement through the Virginia Circuit Courts.

The role of the Virginia Circuit Courts and Juvenile and Domestic Relations District Courts is to ensure that agreements are fair and legally sound, particularly concerning child-related matters, and to resolve disputes when parties cannot reach an accord. Engaging a knowledgeable attorney from the Law Offices Of SRIS, P.C. from the outset of your separation can help you navigate these complex legal avenues and ensure that any agreements are drafted meticulously, protecting your long-term interests.

The SRIS Virginia Marital Separation Blueprint Tool

Navigating the journey of marital separation in Virginia requires a strategic approach, particularly given the state’s unique legal framework where “legal separation” is achieved through action and agreement rather than judicial decree. To empower you with clarity and direction, the Law Offices Of SRIS, P.C. has developed The SRIS Virginia Marital Separation Blueprint—a practical, step-by-step guide designed to help you organize your thoughts, gather necessary information, and understand the critical decision points that lead to a comprehensive and enforceable separation agreement.

This blueprint serves as a foundational tool, ensuring you consider all essential aspects before, during, and after you begin living separate and apart. It is not a substitute for legal counsel but an invaluable resource to prepare you for productive discussions with your attorney and streamline the process.

How to Utilize The SRIS Virginia Marital Separation Blueprint:

1. Initial Assessment & Intent Confirmation:
   • Confirm Intent: Do both parties intend for this separation to be permanent and lead to a divorce? (Essential for Virginia Code § 20-91).
   • Children Status: Are there minor children of the marriage? (Impacts the separation period for no-fault divorce).
   • Separate Residences: Have you physically moved into separate residences with no cohabitation?
2. Financial Disclosure & Documentation Gathering:
   • Income & Expenses: Compile detailed records of your individual and joint income, monthly expenses, and budgets.
   • Assets Inventory: List all marital and separate assets: real estate (homes, land), bank accounts, investment accounts, retirement funds (401k, pensions, IRAs), vehicles, valuable personal property. Gather statements and valuations. (Consider Virginia Code § 20-107.3).
   • Debt Inventory: List all joint and individual debts: mortgages, car loans, credit cards, student loans, personal loans. Gather statements.
   • Tax Returns: Collect the last three to five years of federal and state tax returns.
   • Insurance Policies: Gather information on health, life, auto, and home insurance policies.
3. Child-Related Considerations (If Applicable):
   • Current School & Activities: Document children’s current educational and extracurricular involvements.
   • Health & Medical Needs: Detail any specific medical needs, doctors, or therapists.
   • Proposed Custody & Visitation Schedule: Outline a potential schedule for physical custody (where children live) and visitation, considering the “best interests of the child” principle (Virginia Code § 20-124.2).
   • Child Support Calculations: Gather information needed for Virginia’s child support guidelines, including income of both parents and costs of health insurance/daycare.
4. Spousal Support Assessment:
   • Marital Standard of Living: Document the lifestyle maintained during the marriage.
   • Needs & Ability to Pay: Assess your financial needs and your spouse’s ability to provide support, considering factors from Virginia Code § 20-107.1.
   • Vocational Skills & Employment: Information on education, work history, and earning capacity for both spouses.
5. Agreement Scope & Enforcement:
   • Comprehensive Coverage: Ensure the agreement addresses all critical areas: property, debt, support, custody, visitation.
   • Clarity & Specificity: The agreement should be unambiguous to prevent future disputes.
   • Incorporation into Divorce Decree: Understand that this agreement can later be incorporated into a final divorce decree by the Virginia Circuit Court, making it an enforceable court order (Virginia Code § 20-155).
6. Legal Counsel Engagement:
   • Seek Experienced Counsel: Consult with a seasoned Virginia family law attorney from the Law Offices Of SRIS, P.C. to review your information, draft the agreement, and ensure your rights are fully protected.

By diligently working through The SRIS Virginia Marital Separation Blueprint, you will be well-prepared to engage with the legal process, make informed decisions, and ultimately achieve a resolution that reflects your best interests and those of your family.

Legal Strategies & Approaches for Virginia Separation

Navigating marital separation in Virginia requires a strategic approach, tailored to your unique circumstances and aimed at securing the most favorable outcome. As an attorney who has guided countless individuals through this complex period, I emphasize that the strategies employed during separation often dictate the trajectory of any subsequent divorce proceedings. The goal is to set a solid foundation, whether you aim for an amicable resolution or need to prepare for potential litigation.

Prioritizing a Comprehensive Separation Agreement

The single most effective strategy in Virginia separation is to pursue and finalize a comprehensive Separation Agreement. This document, as outlined in Virginia Code § 20-155, is a contract that can preemptively resolve nearly all issues typically addressed in a divorce. By negotiating and signing such an agreement early in the separation process, you can:

• Control the Narrative: You and your spouse decide the terms, rather than leaving them to a judge in a Virginia Circuit Court.
• Reduce Conflict: Amicable negotiation can prevent protracted and expensive litigation.
• Gain Certainty: Clear terms for property division, spousal support, and child arrangements provide stability for both parties and children.
• Expedite Divorce: A signed agreement facilitates an uncontested, streamlined divorce once the separation period is met.

Even if complete agreement isn’t immediately possible, attempting to resolve even a few key issues through negotiation can significantly narrow the scope of future disputes.

Establishing a Clear Separation Date and Intent

Because Virginia’s no-fault divorce grounds rely on a period of “living separate and apart” (Virginia Code § 20-91), establishing a clear separation date and the intent for the separation to be permanent is crucial. This is not merely a formality; it starts the clock for your divorce eligibility. Documenting this date through actions (e.g., separate residences, separate finances, communication reflecting intent) is a vital strategic step.

Protecting Financial Interests Proactively

Financial strategizing during separation is paramount. This includes:

• Inventorying Assets & Debts: A thorough accounting of all marital and separate property and obligations (Virginia Code § 20-107.3) is essential.
• Freezing Joint Accounts (Carefully): In some cases, to prevent depletion of funds, one might consider freezing or closing joint accounts, but this must be done strategically and often with legal advice to avoid accusations of asset dissipation.
• Establishing Separate Finances: Opening individual bank accounts and credit lines can help define financial independence.
• Reviewing Beneficiaries: Updating beneficiaries on life insurance, retirement accounts, and wills, where permissible, is a key consideration.

Prioritizing Children’s Best Interests

For parents, the strategy must always center on the children’s best interests, as mandated by Virginia Code § 20-124.2. This means:

• Developing a Consistent Parenting Plan: Even if informal initially, establishing a clear schedule for custody and visitation minimizes disruption for children.
• Maintaining Open Communication (where possible): Healthy co-parenting communication is vital.
• Addressing Child Support: Understanding and addressing child support obligations promptly can prevent future conflicts.

Considering Mediation or Collaborative Law

For couples who wish to avoid traditional litigation, mediation or collaborative law offer alternative dispute resolution strategies. In mediation, a neutral third party facilitates discussions to help spouses reach mutually acceptable agreements. Collaborative law involves both parties and their attorneys committing to resolve issues outside of court, with a focus on respectful negotiation. Both approaches can be highly effective in reducing stress and legal costs, fostering more amicable post-separation relationships.

Ultimately, the most effective legal strategy for your Virginia separation will be one crafted by a seasoned attorney who understands the intricacies of Virginia family law and can anticipate potential challenges. The Law Offices Of SRIS, P.C. stands ready to provide that guidance.

Common Mistakes to Avoid During Virginia Separation

As a senior attorney who has witnessed the full spectrum of outcomes in Virginia family law cases, I can attest that certain missteps during the separation period can lead to significant complications, increased costs, and prolonged emotional distress. Avoiding these common pitfalls is as crucial as employing sound legal strategies. Here are the mistakes I most frequently see clients make:

1. Failing to Obtain a Formal Separation Agreement: Many assume that simply living apart is enough. While physical separation is a prerequisite for divorce under Virginia Code § 20-91, without a written, comprehensive Separation Agreement, there are no legally binding terms for property division, spousal support, or child arrangements. This leaves critical issues unresolved and open to future disputes, potentially forcing costly litigation in the Virginia Circuit Courts.
2. Mismanaging Joint Finances:
   • Closing Joint Accounts Improperly: Arbitrarily closing joint bank accounts or canceling joint credit cards without agreement can lead to accusations of asset dissipation or create severe financial hardship for the other party.
   • Incurring New Joint Debt: Continuing to use joint credit or taking on new joint loans during separation can make you equally liable for those debts, even if you’re not benefiting from them.
   • Failing to Document Financial Activity: Not keeping meticulous records of income, expenses, and asset movements during separation can severely hinder equitable distribution proceedings (Virginia Code § 20-107.3).
3. Leaving the Marital Home Without Consulting an Attorney: While moving out is necessary for establishing separate residences, doing so without legal advice can have unintended consequences. It might be perceived as abandonment in certain contexts, or it could impact your ability to return to the home or claim specific property within it later. It’s vital to have a clear strategy for who remains in the home and how it’s managed.
4. Engaging in Negative Communication on Social Media or with Children: Using social media to air grievances or speaking negatively about your spouse to your children can severely damage your case, particularly concerning child custody and visitation issues (Virginia Code § 20-124.2). Courts prioritize the children’s best interests and can view such actions unfavorably. Maintain decorum and discretion.
5. Neglecting to Update Estate Planning Documents: During separation, your existing will, powers of attorney, and beneficiary designations may still name your estranged spouse. Failing to review and update these documents can lead to unintended outcomes if an unforeseen event occurs before a final divorce decree is entered.
6. Failing to Disclose All Assets and Debts: Attempting to hide assets or debts will inevitably be discovered during the discovery phase of any divorce proceedings and can lead to severe penalties, including sanctions from the Virginia Circuit Courts and a less favorable equitable distribution outcome. Honesty and transparency are legally required.
7. Allowing Emotions to Dictate Legal Decisions: Separation is an emotional time, but allowing anger, hurt, or revenge to drive your legal strategy is a recipe for disaster. Legal decisions should always be based on objective analysis, long-term best interests, and sound legal counsel, not fleeting emotions.
8. Delaying Seeking Legal Counsel: Many individuals wait until divorce papers are filed to seek an attorney. By then, crucial strategic opportunities may have been missed, and irreversible mistakes might have been made. Engaging a seasoned Virginia attorney from the Law Offices Of SRIS, P.C. early in the separation process allows for proactive planning and effective protection of your rights from the outset.

Glossary of Key Terms in Virginia Separation

Equitable Distribution

Virginia’s legal principle for dividing marital property and debt fairly, though not necessarily equally, upon divorce. Governed by Virginia Code § 20-107.3, it considers various factors rather than a simple 50/50 split.

No-Fault Divorce

A divorce granted without either spouse having to prove fault (e.g., adultery, cruelty). In Virginia, a no-fault divorce can be obtained after spouses have lived separate and apart for a continuous period of one year (or six months with a signed separation agreement and no minor children), as per Virginia Code § 20-91.

Pendente Lite Orders

Temporary court orders issued by the Virginia Circuit Courts or Juvenile and Domestic Relations District Courts while a divorce or separation case is pending. These orders address issues like temporary child custody, visitation, and spousal or child support, remaining in effect until a final agreement or decree.

Separation Agreement (Property Settlement Agreement)

A legally binding contract between divorcing or separating spouses in Virginia, resolving issues such as property division, spousal support, child custody, and child support. It is highly advisable to have one during separation as it can later be incorporated into a final divorce decree, becoming an enforceable court order (Virginia Code § 20-155).

Spousal Support (Alimony)

Financial assistance paid by one spouse to the other after separation or divorce. In Virginia, the court considers various factors outlined in Virginia Code § 20-107.1 when determining eligibility, amount, and duration.

Virginia Circuit Courts

The trial courts of general jurisdiction in Virginia, handling most family law matters, including divorce, equitable distribution, spousal support, and contested custody/visitation cases. These are the primary courts for finalizing divorces after separation.

Common Scenarios & Questions About Virginia Separation

Here are several realistic scenarios reflecting common questions and concerns that arise during marital separation in Virginia, offering insights based on my experience:

Scenario 1: Living Separate Under the Same Roof

Question: “My spouse and I are separated and plan to divorce, but due to financial constraints, we’re still living in the same house. Does this count as ‘living separate and apart’ for Virginia divorce purposes?”

Answer: This is a common situation, and it can be challenging. For Virginia Code § 20-91 to be satisfied, you generally must reside in separate physical dwellings. While courts have, in rare circumstances, recognized “separation under the same roof” if there is absolutely no marital cohabitation, financial entanglement, or shared living, it is extremely difficult to prove. It is far safer and less ambiguous to establish separate residences to start the divorce clock. If this isn’t immediately possible, consult with Law Offices Of SRIS, P.C. to strategize on documenting intent and maintaining strict separation within the home.

Scenario 2: Amicable Separation and Agreement

Question: “My spouse and I are separating amicably and agree on most issues. Can we just write up our own separation agreement, or do we need a lawyer?”

Answer: While Virginia law (Virginia Code § 20-155) allows spouses to enter into agreements regarding marital rights, drafting a comprehensive and enforceable Separation Agreement without legal counsel is a significant risk. Even with amicable intentions, nuances of law, tax implications, and future contingencies are often overlooked. A poorly drafted agreement can lead to unintended consequences, enforceability issues, or costly litigation later. A seasoned attorney will ensure all critical aspects are covered, your rights are protected, and the agreement is legally sound and binding.

Scenario 3: Protecting Business Assets During Separation

Question: “I own a business that I started before marriage, but my spouse has contributed to its growth. How do I protect it during our separation, especially since it’s a significant asset?”

Answer: This is a complex area under Virginia’s equitable distribution laws (Virginia Code § 20-107.3). A business, even if started pre-marriage, can acquire a marital component due to spousal contributions (monetary or non-monetary) during the marriage. During separation, it’s crucial to obtain an accurate valuation of the marital portion of the business. A comprehensive Separation Agreement is the ideal vehicle to address how the business will be valued, whether one spouse will buy out the other’s interest, or if its value will be offset by other marital assets. Proactive legal counsel is essential to safeguard your business interests.

Scenario 4: Impact of Separation on Health Insurance

Question: “If my spouse and I separate, will I lose my health insurance coverage if I’m on their plan? What are my options?”

Answer: Typically, you can remain on your spouse’s health insurance plan during the period of separation. However, coverage often terminates upon the entry of a final divorce decree. It is crucial to address health insurance coverage in your Separation Agreement and plan for life after divorce. Options may include COBRA, obtaining coverage through your own employer, or exploring options on the health insurance marketplace. Failing to plan for this can leave you uninsured post-divorce. Your attorney will ensure this vital issue is addressed in your agreement.

Frequently Asked Questions (FAQ) About Virginia Legal Separation

Q1: Is “legal separation” a specific court action in Virginia?

A1: No, Virginia does not have a specific court action or legal status called “judicial separation” like some other states. In Virginia, “legal separation” primarily refers to the period during which spouses live separate and apart with the intent to divorce, often formalized by a comprehensive Separation Agreement.

Q2: How long do I have to be separated before I can file for divorce in Virginia?

A2: For a no-fault divorce in Virginia, you must live separate and apart without cohabitation and without interruption for at least one year. However, if you have no minor children and have a signed Separation Agreement, this period is reduced to six months (Virginia Code § 20-91).

Q3: What is a Separation Agreement in Virginia? Is it legally binding?

A3: A Separation Agreement, also known as a Property Settlement Agreement, is a legally binding contract between spouses that outlines the terms of their separation. It addresses issues like property division, spousal support, child custody, and child support. Once properly executed, it is a highly enforceable contract under Virginia Code § 20-155 and can be incorporated into a final divorce decree.

Q4: Do I need to go to court to get a legal separation in Virginia?

A4: You do not go to court to get a “legal separation” status in Virginia. However, if you cannot agree on temporary issues like child custody, visitation, or support during your separation, you might need to seek temporary orders (pendente lite) from the Virginia Circuit Courts or Juvenile and Domestic Relations District Courts. The court becomes involved for the divorce filing itself after the separation period is met.

Q5: How does separation affect my property and debts in Virginia?

A5: During separation, property acquired during the marriage generally remains marital property and is subject to equitable distribution upon divorce (Virginia Code § 20-107.3). Debts incurred during separation can also be considered marital if they benefit the marital estate. It is crucial to address the division of all assets and debts in a Separation Agreement to protect your financial interests.

Q6: Can a Separation Agreement address child custody and support?

A6: Yes, a comprehensive Separation Agreement typically includes detailed provisions for child custody, visitation, and child support. These agreements, however, must always serve the “best interests of the child” as per Virginia Code § 20-124.2, and a court always retains the power to review and modify child-related provisions if circumstances change or if they are not in the child’s best interest.

Q7: What if my spouse and I reconcile after separating?

A7: If you reconcile and resume marital cohabitation with the intent to resume the marriage, the “separate and apart” period for divorce purposes is typically reset. If you have a Separation Agreement, reconciliation may void some or all of its terms, depending on the agreement’s language and the nature of the reconciliation. It’s vital to seek legal advice if you reconcile after signing an agreement.

Q8: Can I get spousal support (alimony) during separation in Virginia?

A8: Yes, spousal support can be agreed upon in a Separation Agreement or ordered by a Virginia Circuit Court on a temporary (pendente lite) basis during the separation period. The court considers factors outlined in Virginia Code § 20-107.1 to determine if support is appropriate and in what amount.

Q9: What happens if my spouse refuses to sign a Separation Agreement?

A9: If your spouse refuses to sign a Separation Agreement, you can still proceed with living separate and apart to meet the requirements for a no-fault divorce. However, all issues regarding property, support, and children would then need to be litigated and decided by the Virginia Circuit Court in your divorce proceedings. An experienced attorney can guide you through this contested process.

Q10: Do I need a lawyer for a Separation Agreement in Virginia?

A10: While not legally mandated, it is strongly advised to retain a seasoned Virginia family law attorney. An attorney ensures your rights are protected, the agreement is comprehensive, legally enforceable (Virginia Code § 20-155), and covers all necessary aspects of your separation, preventing costly mistakes or omissions.

Q11: Can a Separation Agreement be modified?

A11: A Separation Agreement can typically be modified if both parties mutually agree to the changes and sign a new agreement or amendment. If the agreement has been incorporated into a divorce decree, the ability to modify spousal support or property division terms depends on whether the court “merged” or “incorporated” the agreement. Child custody and support provisions are always modifiable by the court if there’s a material change in circumstances and it’s in the child’s best interest.

Q12: How does a long-term separation affect retirement accounts?

A12: Retirement accounts accumulated during the marriage, even during separation, are generally considered marital property subject to equitable distribution (Virginia Code § 20-107.3). A Qualified Domestic Relations Order (QDRO) is typically required to divide retirement accounts without incurring tax penalties. A Separation Agreement should detail how these accounts will be divided, and the QDRO is usually prepared after the divorce is finalized.

Q13: What is the difference between legal separation and divorce in Virginia?

A13: In Virginia, “legal separation” is the period of living separate and apart, often formalized by an agreement, but you remain legally married. Divorce, on the other hand, legally terminates the marriage, allowing you to remarry and formally finalizing all marital property and support issues. Legal separation is often a step towards divorce but is not a divorce itself.

Q14: Are debts incurred during separation considered marital?

A14: Debts incurred during the separation period can still be classified as marital if they are for the benefit of the marital estate (e.g., maintaining the marital home, supporting children). However, if debts are incurred solely for one spouse’s individual benefit and not for marital purposes, they may be classified as separate debt. This is a fact-specific inquiry under Virginia Code § 20-107.3 and is best addressed in your Separation Agreement.

Q15: Can I date other people during my separation period?

A15: While you are still legally married during separation, Virginia’s no-fault divorce statute (Virginia Code § 20-91) does not penalize dating. However, if your spouse intends to file for a fault-based divorce (e.g., adultery), dating during separation could be used as evidence against you. Even in no-fault cases, it can complicate negotiations, particularly if children are involved. It is always wise to exercise discretion and discuss this with your attorney.