In LaBrie v. LaBrie, Record No. 1894-14-2 (Va. Ct. Appeals 2015), a former husband sought to reduce or terminate his spousal support obligation of $4,350 per month. It’s a funny case because on first blush it appears that he has decent facts in support of his petition. Nevertheless, the court methodically calls him out on every flaw in his case, buttressed by the former wife’s savvy introduction of videotape evidence showing the former husband looking relatively fit. His petition was denied, and he ultimately lost on appeal. Here’s the blow by blow: Continue reading
Category Archives: Spousal Support
Virginia Spousal Support: The Odd Case of Alternative Spousal Support
If you agree to make certain payments for the benefit of your former wife “in lieu of spousal support,” can you automatically stop making those payments if your former wife remarries? Continue reading
Virginia Spousal Support: OMG Spousal Support
Spousal support really is an odd duck here in Virginia.
The basic consideration when determining spousal support is one party’s need versus the other party’s ability to pay. However, the court must also consider all of the factors under Va. Code § 20-107.1, which include the duration of the marriage; the decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage; and the obligations, needs and financial resources of the parties. In addition, the court must contend with stray caselaw that may include language favoring one factor over another (e.g., the standard of living established during the marriage). The court might also have to wrestle with the fact that the legislature came up with a formula for temporary spousal support awards in our juvenile and domestic relations district courts under Va. Code § 16.1-278.17:1, not to mention the fact that such formula is not supposed to apply when the combined gross incomes of the parties exceed $10,000 per month. Confusing, huh? Continue reading
Virginia Spousal Support: Spouse’s Needs v. Children’s Needs
In Virginia, the spouse requesting spousal support often introduces a worksheet showing his/her monthly income and expenses in the hopes of proving that spouse’s need for support. Given the circumstances, these worksheets often included grossly exaggerated expenses. Moreover, they often include expenses associated with other people, like those paid on behalf of the children or other third parties. So what’s a court to do when determining spousal support when it’s faced with expenses that can be associated with both the spouse and the children? Continue reading
Virginia Divorces: Recent Cautionary Tales
The Virginia Court of Appeals handed down two recent decisions that have very interesting fact patterns that the appellate court could not directly address due to some unexpected screw ups. Continue reading
Virginia Divorces: Why You Should Hire a Divorce Attorney . . . An Illustration
What’s the worst that can happen to you if you represent yourself in your divorce case in Virginia? Well, let me tell you a cautionary tale . . . Continue reading
Virginia Spousal Support: What is Cohabitation? (Part 2)
What types of evidence do Virginia courts want to hear to disprove cohabitation analogous to a marriage? Continue reading
Virginia Equitable Distribution: Millionaires, Marital Waste and Spousal Support
Can one spouse pay temporary spousal support by making withdrawals from marital accounts? Can one spouse pay for his attorney’s fees by making withdrawals from marital accounts? Can one spouse pay for his mortgage payments and household expenses from marital funds while the divorce case is pending? Wouldn’t it be unfair for the payor spouse to continue to deposit his work income into his own separate account for his sole benefit moving forward while paying for his various obligations by withdrawing funds from marital accounts that otherwise would be available to the payee spouse at the divorce trial? Continue reading
Virginia Spousal Support: Proof of Cohabitation
What types of evidence do courts want to hear to disprove cohabitation?
In Harris v. Harris, Record No. 1957-11-2 (Va. Ct. App. 2012), an ex-husband sought to terminate his spousal support obligation on the basis that his ex-wife was cohabiting in a relationship analogous to a marriage for over one year. In that case, the Virginia Court of Appeals upheld the trial court’s finding that the ex-wife and her boyfriend do not live together. Here is the evidence in a nutshell: Continue reading
Virginia Spousal Support Modification: An Illustration
When can you modify spousal support in Virginia? The case of Cid v. Cid, Record No. 1952-11-4 (Va. Ct. Appeals 2012) provides a nice illustration. Continue reading