Legal Question in Family Law in Virginia

Spousal support 20-109

My questions concerns the wording in Virginia Code 20-109.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+20-109+400180

My seperation agreement state that I shall receive spousal support, ''until Wife remarries or until October 32,2114 (when our child turns 18).

I have been living with a man for 2 months, and now my ex is wanting to amend the support order. Our divorce was final in March 2005. He signed the seperation agreement, willingly,

before the divorce was final.

Anyways, my question is.. Section (A) seems to contradict Section (D), stating remarriage or death as the deciding factor for terminating support. So, how does the cohabitating affect my situation?

Asked on 4/10/05, 11:57 am

3 Answers from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: Spousal support 20-109

The Property Settlement Agreement (PSA)which your former husband signed is a binding contract which was incorporated (but not merged) with your final decree of divorce. Section 20-109(A)of the Virginia Code makes clear that this contract continues to be binding upon the signatories even after the divorce is finalized and cannot be amended to change an amount previously agreed to

by the parties for spousal support even though the

party who is due the spousal support has been cohabiting continuously with someone else.

There is no contradiction whatsoever between subsections (A)and(B)of Section 20-109 as I read and interpret them.

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Answered on 4/10/05, 9:47 pm
Michael E. Hendrickson Attorney & Counsellor at Law
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Re: Spousal support 20-109

Correction: Last sentence should read "between subsections (A) and (D)" rather than (A) and (B).

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Answered on 4/10/05, 9:54 pm
Fred Kaufman Fredrick S. Kaufman, Esquire
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Re: Spousal support 20-109

very difficult situation.

I think the facts are ruled by the case of Baldwin v. Baldwin. October 5, 2004 Court of Appeals No. 0084043. Check the Court of Appeal of Va website for case. Says that the provision of living with someone terminating support requires ONE YEAR of living in a relationship analogous to marriage. It also says that you may contract the cohabitation clause away. Either way seems like your ex-husband will fail.

Good luck.

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Answered on 4/10/05, 10:32 pm

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