833 S.E.2d 84
Va. Ct. App.2019Background
- Parties married in 2001; after one child died both filed divorce complaints (alleging desertion and cruelty); cases consolidated in Aug. 2017.
- Parties ultimately agreed to a divorce decree on the ground of living separate and apart for one year.
- Trial court heard evidence of mutual marital breakdown: husband found controlling, condescending; wife found to have excessive alcohol consumption; court found fault on both sides but did not find desertion/cruelty by wife.
- Trial court concluded wife had a need for support but husband lacked present ability to pay; therefore the court denied spousal support but expressly reserved each party’s right to seek support in the future upon changed circumstances.
- Husband appealed, arguing the reservation was erroneous because wife’s alleged desertion/cruelty should bar her from receiving (or reserving the right to receive) spousal support.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by reserving wife’s right to seek future spousal support despite wife’s alleged desertion/cruelty | Wyatt (husband): Wife’s fault (desertion/cruelty) should bar her right to spousal support or a reservation of that right | Wyatt (wife): 1988 statutory changes remove fault (except adultery/sodomy/buggery) as a bar; no such grounds proven here; trial court properly considered fault in awarding | Affirmed — no statutory bar to reservation; trial court considered fault factors and permissibly reserved wife’s right to future support |
| Whether appellate attorney’s fees should be awarded to wife | Wife requested fees for the appeal | Husband opposed (by implication) | Awarded — appellate court grants wife her attorney’s fees for the appeal and remands to determine amount and any fees for remand hearing |
Key Cases Cited
- Hall v. Commonwealth, 55 Va. App. 451 (2009) (standard of review: view facts in light most favorable to prevailing party; legal issues reviewed de novo)
- Giraldi v. Giraldi, 64 Va. App. 676 (2015) (trial court has broad discretion in setting spousal support)
- Alphin v. Alphin, 15 Va. App. 395 (1992) (spousal support requires consideration of requester’s needs and payor’s ability)
- Barnes v. Barnes, 16 Va. App. 98 (1993) (court must consider all behavior that affected the marital relationship when assessing fault)
- Bacon v. Bacon, 3 Va. App. 484 (1986) (where no bar to support exists, reservation of future spousal support is required on request)
- Dexter v. Dexter, 7 Va. App. 36 (1988) (1988 statutory amendment removed most fault grounds as a bar to spousal support)
- Fox v. Fox, 61 Va. App. 185 (2012) (appellate court assesses whether an appeal is frivolous and whether appellate fees are warranted)