Opinion
210318
10-05-2021
LISA J. WILLS v. W. NEIL WILLS
Caroline E. Costle, Timothy R. Bradley, and Cary S. Greenberg (GreenbergCostle, PC) for appellant. James Ray Cottrell and John K. Cottrell (Cottrell Fletcher & Cottrell PC) for appellee.
The Court of Appeals of Virginia.
Caroline E. Costle, Timothy R. Bradley, and Cary S. Greenberg (GreenbergCostle, PC) for appellant.
James Ray Cottrell and John K. Cottrell (Cottrell Fletcher & Cottrell PC) for appellee.
GRANTED APPEAL SUMMARY
Assignments of Error
1. A. The Court of Appeals erred when it reversed the trial court's decision that the parties' agreement was abrogated under Virginia Code § 20-155. Despite the trial court's findings that (1) the agreement was a property settlement agreement; (2) it did not contain a clause that it would survive reconciliation; and (3) after entering the agreement, the parties reconciled and separated on multiple occasions, the Court of Appeals found the parties did not enter into a "property settlement agreement" for the purposes of § 20-155. The Court of Appeals erred by failing to give § 20-155 its plain meaning and effect and in holding that a court must consider attendant parol evidence of the parties' marital relationship and that unless at the time the agreement was signed the parties were imminently about to separate or divorce, their document could not be a "property settlement agreement" under § 20-155.
B. The Court of Appeals further erred when, in the absence of a specific finding by the trial court considering the circumstances of the parties' relationship at the time of signing, it substituted its own judgment of the facts and did not review facts in the light most favorable to Ms. Wills, the prevailing party below; nor did the Court of Appeals, in the alternative, remand the case for the trial court to make additional factual findings.
C. The Court of Appeals consequently erred by failing to rule on Ms. Wills's Assignments of Error related to Equitable Distribution and Spousal Support.
2. The Court of Appeals erred in reversing the trial court's discretionary award of prejudgment interest on Dr. Wills's retroactive child support liability, holding that the trial court had no authority to award prejudgment interest, and failing to consider the trial court's discretionary authority under Virginia Code § 8.01-382.