Tuesday, 22 April 2014

Divorce Attorneys Virginia Beach Separation Alimony 20-107

If you are dealing with a divorce in Virginia or about to go through a divorce in Virginia, contact us for help.
We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.
Contact our law firm today to speak with a lawyer today about your Divorce Case.  An attorney from our firm will do his best to help you.
We will do our absolute best to help you get the best result possible based on the facts of your case.  Our law firm has the necessary experience to assist you with this matter.
Keith v. Keith

Facts:

            When the wife in Virginia Beach was granted a divorce a vinculo matrimonii from the husband, the trial court awarded her monthly alimony payments until her death or remarriage. The wife argued that such language meant that the alimony was to continue until her death or remarriage, regardless of the husband's death. The executrix demurred, claiming that the obligation to pay alimony ceased at the husband's death. The trial court agreed and dismissed the action, and the court affirmed. The decree did not expressly or by fair implication direct that alimony was to be paid after the death of the husband. Further, in Francis v. Francis, it was clearly established that alimony ceased with the death of either party, unless there was an agreement to the contrary between the parties. Further, the legislature had made no attempt to change the Francis rule in the divorce statutes, Va. Code §§ 20-107 to 20-110 (1950). The court was thus unwilling, in the absence of clear legislative authority, to change the settled rule from Francis by extending the payment of alimony after the death of the husband, in the absence of such a stipulation or contract

            If you are facing a Divorce case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Holdings:

            The Virginia Court made the following holding:

  • While a husband and wife cannot lawfully agree to a divorce, it is well settled that a husband may bind himself to pay his wife agreed sums, payable at intervals, extending beyond his death. Such a stipulation or contract may be embodied in the divorce decree if equitable and approved by the court. Va. Code § 20-109 (1950). Alimony is a proportion of the husband's estate allowed to the wife for her maintenance and support during the period of their separation, and only continues with their joint lives. It ceases with the death of either of the parties
If you are dealing with a divorce in Virginia or about to go through a divorce in Virginia, contact us for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your Divorce Case.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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