Q: regarding 20-91 (9), what constitutes living “separate and apart” without any cohabitation?
Can you live under same roof but different beds and/or different floors?
A:
In Bchara v. Bchara, the Virginia Court of Appeals recognized that a husband and wife could live separate and apart under the same roof. A separation in Virginia requires that the couple is no longer cohabitating as husband and wife. Typically, one spouse leaves the marital residence to reside at a different address, and one or both of the spouses intend that the separation be permanent. That intention must continue throughout the separation. Although Bchara is not favored throughout the Commonwealth of Virginia, it is theoretically possible for a husband and wife who live at the same address, as if they were unrelated strangers, to satisfy the separation requirement for a divorce. This means they no longer provide spousal duties for each other, have joint financial accounts, or hold themselves out as married to the world. This arrangement is difficult for most spouses, even if they intend to divorce.
Any Virginia spouse contemplating separation and divorce should first consult with an experienced Virginia divorce lawyer.
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