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Family Law

Separate property not subject to distribution (access required)

Where the parties’ antenuptial agreement is ambiguous, the court determines, after considering extrinsic evidence, that the agreement is best understood as barring equitable distribution of the parties’ separate property brought into, and acquired during, the marriage. This includes any gain ...

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Spousal support correctly determined on remand (access required)

The circuit court, on remand, properly considered all the statutory factors when determining the amount and duration of wife’s spousal support award. Further, the court correctly rejected wife’s motion to use an alternative valuation date for a certain bank account ...

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Ending support to cohabitating party not unconscionable (access required)

Where the ex-wife was receiving spousal support while habitually cohabitating with another person “in a relationship analogous to a marriage for one year or more,” Code § 20-109, the trial court erred by reducing the support award instead of terminating ...

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Court declines to end spousal support obligation (access required)

Even though wife’s receipt of an inheritance was a changed circumstance, the trial court properly concluded that it did not warrant ending husband’s spousal support obligation. Facts The final divorce decree awarded wife $800 per month in permanent spousal support. ...

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