Reviewed and updated February 2026 to reflect current Virginia law and the firm’s continued emphasis on mediation and collaborative divorce.

In a Virginia divorce, a marital settlement agreement— also called a divorce agreement — is a written contract between spouses that resolves the legal and financial issues arising from the end of the marriage.

Rather than asking a judge to decide these matters in court, the parties decide the terms themselves. The agreement sets out their decisions regarding property division, spousal support, child custody, child support, and the allocation of expenses. Once incorporated into a Final Order of Divorce, the agreement becomes enforceable as part of that order.

At Kales & Kales, PLC, most marital settlement agreements are reached through mediation or the collaborative divorce process. These approaches allow spouses to resolve disputes privately, constructively, and with greater control over the outcome than traditional litigation.

What Issues Are Addressed in a Marital Settlement Agreement?

A well-drafted agreement clearly and comprehensively addresses the following areas.

Division of Property and Debts

Virginia follows an equitable distribution system. In an agreement, spouses decide for themselves how to divide marital assets and liabilities. This can include:

  • The marital home

  • Retirement accounts

  • Bank accounts and investments

  • Business interests

  • Personal property

  • Credit card balances and other debts

The agreement should specify who receives each asset, who is responsible for each debt, and how and when transfers or refinances will occur.

Spousal Support

If the parties agree that spousal support will be part of their resolution, the divorce agreement specifies the amount, duration, and payment terms.

The agreement must also address whether support is modifiable or nonmodifiable.

If support is modifiable, the agreement should clearly state the standard for modification. Many couples adopt the material change in circumstances standard — the same standard a court would apply if it had determined support on its own. Others choose to define a different modification standard tailored to their situation.

If support is nonmodifiable, the agreement should say so expressly. Courts generally enforce that provision as written.

Careful drafting in this section is important because it determines whether support can later be adjusted and under what conditions.

Child Custody and Parenting Arrangements

If the parties have minor children, the agreement addresses both legal custody (decision-making authority) and physical custody (the parenting schedule).

It may include:

  • A regular parenting schedule

  • Holiday schedules

  • Summer vacation schedules

  • Transportation arrangements

  • A right of first refusal provision, allowing a parent the opportunity to care for the children before third-party childcare is used

A right of first refusal provision typically applies when a parent will be unavailable for a specified period of time. The agreement should clearly define when the provision applies.

Although custody provisions are agreed upon by the parents, they remain subject to the best interests of the child. Once incorporated into a Final Order of Divorce, they are enforceable, but they may be modified in the future if circumstances materially change and modification is in the child’s best interests.

Child Support

Child support provisions in a divorce agreement can be structured in different ways.

In court, child support is determined pursuant to statutory guidelines, which are presumptively considered correct. However, when resolving a case by agreement, parents have flexibility in how support is structured.

Some couples choose to use the guideline amount. Others agree to a different structure, such as a combination of direct support payments and an agreed allocation of specific child-related expenses.

The agreement should clearly state:

  • The amount of any periodic child support payment

  • How child-related expenses will be allocated

  • How and when payments will be made

Unreimbursed medical expenses must always be addressed. These expenses are shared in an agreed-upon proportion and should be clearly defined in the agreement to avoid future misunderstandings.

As with custody, child support provisions become enforceable once incorporated into a Final Order of Divorce. Because child support is considered the right of the child, it remains subject to modification in the future under appropriate legal standards.

When Does the Agreement Become Binding?

A divorce agreement is a contract. It is generally binding between the parties once signed.

However, in the context of divorce, the agreement is typically submitted to the court and incorporated into the Final Order of Divorce. Once incorporated, it is enforceable as part of that court order.

Certain provisions — particularly those relating to children — remain subject to future modification under Virginia law, even after incorporation, if the legal standard for modification is met.

Why Resolve Your Case by Agreement?

Resolving issues by agreement allows spouses to:

  • Maintain privacy

  • Reduce conflict

  • Control the outcome rather than leaving decisions to a judge

  • Create practical solutions tailored to their family

Through mediation and collaborative divorce, spouses work toward durable agreements that reflect their priorities and minimize long-term disruption.

A carefully drafted marital settlement agreement provides clarity, finality, and structure — allowing both parties to move forward with confidence.

Take the Next Step

If you are considering separation or divorce, our team can help you explore how a marital settlement agreement can be tailored to your family’s needs through mediation or collaborative divorce. Contact us today to schedule a consultation and learn more about your options.