Virginia Lawyers Weekly VA Lawyers Weekly
A husband who voluntarily paid the divorce court’s $3 million equitable distribution award to wife and $72,000 in attorney’s fees is barred from appealing those issues, the Court of Appeals says, but it agrees with husband that the lower court erred when it failed to reserve his right to seek spousal support in the future.
We hold that husband voluntarily paid the ED award and wife’s attorney’s fees and we cannot reach the merits of his arguments with respect to those awards. However, we agree with husband that the trial court erred by failing to reserve to him the right to seek spousal support in the future under Va. Code § 20-107.1(D).
Dismissed in part, reversed in part and remanded.
Stephenson v. Musgrave (Petty, J.) No. 1903-09-3, May 18, 2010; Roanoke County Cir.Ct. (Swanson) Neil E. McNally for appellant; Frank K. Friedman for appellee. VLW 010-7-203(UP), 6 pp.
