Rob Hagy Charlottesville Family Law Attorney: Husband Properly Denied All But A Fraction Of His Expenses Incurred Enforcing Separation Agreement.

In the case of Harris v. Harris, the Virginia Court of Appeals, in an unpublished opinion, ruled that the trial property denied the husband all but $1,000.00 of the expenses he incurred enforcing the parties’ property settlement agreement.  The property settlement agreement allowed for an award of expenses to the non-defaulting party when “either partyshould default under the provisions of this Agreement.” The trial court determined that wife’s opposition to the property settlement agreement as “not a default as envisioned bythe Separation Agreement.”According to the Virginia Court of Appeals, the property settlement agreement allowed for an award of expenses to the non-defaulting party when “either party 

should default under the provisions of this Agreement.” In the December 13, 2012 order, the

trial court specifically held that wife’s opposition to the PSA was “not a default as envisioned by

the Separation Agreement.”