Bucci & Dix

Court Cannot Contradict Property Settlement Agreement As To Spousal Support Terms

The Virginia Court of Appeals recently held that a court cannot deviate from the terms of a property settlement agreement when evaluating spousal support unless expressly given the power to do so under the agreement.  In the case of Doering v. Doering, the Court of Appeals explained that a Court does not have the power to re-write the terms of an agreement between parties unless the agreement specifically empowers the Court to do so.  The applicable law is as follows: 

Code § 20-109(C) provides in relevant part, that [i]n suits for divorce . . . if a stipulation or contract signed by the party to whom such relief might otherwise be awarded is filed before entry of a final decree, no decree or order directing the payment of support and maintenance for the spouse . . . shall be entered except in accordance with that stipulation or contract.