When my spouse and I separate who pays the expenses prior to the divorce?

In Virginia a spouse can petition the court for pendente lite (pending the litigation) support after filing for divorce and up to the entry of a final decree. The court may also allocate the cost of maintaining the marital estate, such as the mortgage on the marital residence between the parties. It takes various factors into account such as income and financial assets available to the parties. The courts vary significantly from area to area in what they will award. The amount of pendente lite support is usually not taken into account in the final division of assets or support.