In the case of Annette Morgan, F/K/A Annette M Watkins v. David B. Watkins, the Virginia Court of Appeals ruled, in an unpublished opinion, that a trial court properly denied a Wife's request for spousal support where the Wife engaged in such poor behavior that it amounted to constructive desertion and thus barred an award of spousal support. In doing so, the Court held that:
"Code § 20-107.1(E) requires the trial court, in determining whether to award spousal support, to "consider the circumstances and factors which contributed to the dissolution of the marriage, specifically including adultery and any other ground for divorce under the provisions of subdivision (3) or (6) of § 20-91 or § 20-95." Here, the trial court determined that an award of spousal support to wife was not warranted because her false accusations against husband of committing adultery with ten women and one man, of sexually molesting a former roommate, and of sexually abusing the parties’ son, along with her directing husband to move out of the marital bedroom and her assault on husband in June 2005 caused the dissolution of the marriage and amounted to desertion and constructive desertion by wife."
Comments