section 20-107.3(e) consideration (Virginia) · Go Syfert
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section 20-107.3(e) consideration in Virginia

10 Virginia opinions name it 2 courts 1987–2009 0 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Torian v. Toriangreen
vactapp · 2002 · cited in 5 Virginia opinions naming this issue, 2003–2009
2 sentences

2009How to divide the marital share of wife’s retirement account, “as with any other asset, rested within the sound discretion of the chancellor, subject to the limitations of Code § 20-107.3(G) and upon consideration of the Code § 20-107.3(E) factors.” Torian v. Torian, 38 Va.App. 167, 181 , 562 S.E.2d 355, 362 (2002).

2009How to divide the marital share of wife’s retirement account, “as with any other asset, rested within the sound discretion of the chancellor, subject to the limitations of Code § 20-107.3(G) and upon consideration of the Code § 20-107.3(E) factors.” Torian v. Torian, 38 Va.App. 167, 181 , 562 S.E.2d 355, 362 (2002).

45
Matthews v. Matthewsgreen
vactapp · 1998 · cited in 2 Virginia opinions naming this issue, 2003–2005
2 sentences

2005Matthews v. Matthews, 26 Va. App. 638, 645 , 496 S.E.2d 126, 129 (1998); see also Torian, 38 Va. App. at 181 , 562 S.E.2d at 362 (division of marital share of husband’s pension, as with any other asset, rested within the sound discretion of the chancellor, subject to the limitations of Code § 20-107.3(G) and upon consideration of the Code § 20-107.3(E) factors).

2005Matthews v. Matthews, 26 Va. App. 638, 645 , 496 S.E.2d 126, 129 (1998); see also Torian, 38 Va. App. at 181 , 562 S.E.2d at 362 (division of marital share of husband’s pension, as with any other asset, rested within the sound discretion of the chancellor, subject to the limitations of Code § 20-107.3(G) and upon consideration of the Code § 20-107.3(E) factors).

22
O'Loughlin v. O'Loughlingreen
vactapp · 1995 · cited in 2 Virginia opinions naming this issue, 2002–2007
2 sentences

2007How to divide the marital share of wife’s retirement account, “as with any other asset, rested within the sound discretion of the chancellor, subject to the limitations of Code § 20-107.3(G) and upon consideration of the Code § 20-107.3(E) factors.” Torian v. Torian, 38 Va. App. 167, 181 , 562 S.E.2d 355, 362 (2002). “[F]actors and circumstances leading to the dissolution of the marriage may be considered during equitable distribution -- even if those factors have no financial impact on the marriage -- as long as those factors detracted from the overall ‘marital partnership.’” Ranney v. Ranney

2007How to divide the marital share of wife’s retirement account, “as with any other asset, rested within the sound discretion of the chancellor, subject to the limitations of Code § 20-107.3(G) and upon consideration of the Code § 20-107.3(E) factors.” Torian v. Torian, 38 Va. App. 167, 181 , 562 S.E.2d 355, 362 (2002). “[F]actors and circumstances leading to the dissolution of the marriage may be considered during equitable distribution -- even if those factors have no financial impact on the marriage -- as long as those factors detracted from the overall ‘marital partnership.’” Ranney v. Ranney

12
Johnson v. Johnsongreen
vactapp · 1997 · cited in 1 Virginia opinions naming this issue, 2008–2008
2 sentences

2008Moreover, how to divide the marital 1 “If a trial court orders deferred distribution of the marital share of the pension, it need not determine the pension’s present value.” Torian, 38 Va. App. at 177 , 562 S.E.2d at 30 -31 (citing Johnson v. Johnson, 25 Va. App. 368, 374 , 488 S.E.2d 659, 662 (1997)). -7- share of wife’s VRS pension, as with any other asset, rested within the sound discretion of the trial court, subject to the limitations of Code § 20-107.3(G) and upon consideration of the Code § 20-107.3(E) factors.

2008Moreover, how to divide the marital 1 “If a trial court orders deferred distribution of the marital share of the pension, it need not determine the pension’s present value.” Torian, 38 Va. App. at 177 , 562 S.E.2d at 30 -31 (citing Johnson v. Johnson, 25 Va. App. 368, 374 , 488 S.E.2d 659, 662 (1997)). -7- share of wife’s VRS pension, as with any other asset, rested within the sound discretion of the trial court, subject to the limitations of Code § 20-107.3(G) and upon consideration of the Code § 20-107.3(E) factors.

11
Ranney v. Ranneygreen
vactapp · 2005 · cited in 1 Virginia opinions naming this issue, 2007–2007
2 sentences

2007How to divide the marital share of wife’s retirement account, “as with any other asset, rested within the sound discretion of the chancellor, subject to the limitations of Code § 20-107.3(G) and upon consideration of the Code § 20-107.3(E) factors.” Torian v. Torian, 38 Va. App. 167, 181 , 562 S.E.2d 355, 362 (2002). “[F]actors and circumstances leading to the dissolution of the marriage may be considered during equitable distribution -- even if those factors have no financial impact on the marriage -- as long as those factors detracted from the overall ‘marital partnership.’” Ranney v. Ranney

2007How to divide the marital share of wife’s retirement account, “as with any other asset, rested within the sound discretion of the chancellor, subject to the limitations of Code § 20-107.3(G) and upon consideration of the Code § 20-107.3(E) factors.” Torian v. Torian, 38 Va. App. 167, 181 , 562 S.E.2d 355, 362 (2002). “[F]actors and circumstances leading to the dissolution of the marriage may be considered during equitable distribution -- even if those factors have no financial impact on the marriage -- as long as those factors detracted from the overall ‘marital partnership.’” Ranney v. Ranney

11
Smith v. Smithgreen
vactapp · 1994 · cited in 1 Virginia opinions naming this issue, 2002–2002
2 sentences

2002See Smith, 18 Va. App. at 431 , 444 S.E.2d at 273 .

2002See Smith, 18 Va. App. at 431 , 444 S.E.2d at 273 .

11
Theismann v. Theismanngreen
vactapp · 1996 · cited in 1 Virginia opinions naming this issue, 1998–1998
2 sentences

1998Cf. Theismann, 22 Va. App. at 565 , 471 S.E.2d at 812-13 .

1998Cf. Theismann, 22 Va. App. at 565 , 471 S.E.2d at 812-13 .

11
Brinkley v. Brinkleygreen
vactapp · 1987 · cited in 1 Virginia opinions naming this issue, 1996–1996
2 sentences

1996See Brinkley v. Brinkley, 5 Va.App. 132, 136-37 , 361 S.E.2d 139, 140 (1987).

1996See Brinkley v. Brinkley, 5 Va.App. 132, 136-37 , 361 S.E.2d 139, 140 (1987).

11
Sawyer v. Sawyergreen
vactapp · 1985 · cited in 1 Virginia opinions naming this issue, 1987–1987
2 sentences

1987See Code §§ 20-107.3(C) and (G); McGinnis, 1 Va. App. at 276 , 338 S.E.2d at 161 ; see also Sawyer, 1 Va. App. at 79 , 335 S.E.2d at 280 .

1987See Code §§ 20-107.3(C) and (G); McGinnis, 1 Va. App. at 276 , 338 S.E.2d at 161 ; see also Sawyer, 1 Va. App. at 79 , 335 S.E.2d at 280 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Barker v. Barker green
vactapp · 1998
2 sentences

2002Barker, 27 Va. App. at 541 , 500 S.E.2d at 250 ; O ’Loughlin, 20 Va. App. at 528 , 458 S.E.2d at 326 . 11 For similar reasons, the Court rejects as insupportable the Commissioner’s failure to address in any detail the effect Tad Stephenson’s relationship with Watson had on his wife’s mental condition, a relevant consideration under § 20-107.3(E)(4).

2002Barker, 27 Va. App. at 541 , 500 S.E.2d at 250 ; O ’Loughlin, 20 Va. App. at 528 , 458 S.E.2d at 326 . 11 For similar reasons, the Court rejects as insupportable the Commissioner’s failure to address in any detail the effect Tad Stephenson’s relationship with Watson had on his wife’s mental condition, a relevant consideration under § 20-107.3(E)(4).

12002–2002
Gamble v. Gamble green
vactapp · 1992
2 sentences

1993To ensure an equitable distribution of the marital wealth in accordance with Code § 20-107.3, the marital share of the pension must be initially determined in accordance with the statute and any award thereof “conditioned upon the specific limitations” and considerations of Code § 20-107.3(E), as well as any “Subsection (D) monetary award.” Gamble, 14 Va. App. at 570-71 , 421 S.E.2d at 642-43 .

1993To ensure an equitable distribution of the marital wealth in accordance with Code § 20-107.3, the marital share of the pension must be initially determined in accordance with the statute and any award thereof “conditioned upon the specific limitations” and considerations of Code § 20-107.3(E), as well as any “Subsection (D) monetary award.” Gamble, 14 Va. App. at 570-71 , 421 S.E.2d at 642-43 .

11993–1993
McGinnis v. McGinnis green
vactapp · 1985
2 sentences

1987See Code §§ 20-107.3(C) and (G); McGinnis, 1 Va. App. at 276 , 338 S.E.2d at 161 ; see also Sawyer, 1 Va. App. at 79 , 335 S.E.2d at 280 .

1987See Code §§ 20-107.3(C) and (G); McGinnis, 1 Va. App. at 276 , 338 S.E.2d at 161 ; see also Sawyer, 1 Va. App. at 79 , 335 S.E.2d at 280 .

11987–1987

Statutes the citing opinions construe

VA § Va. Code Ann. § 20-107.3 (10) VA § Va. Code Ann. § 20-107.1 (6) VA § Va. Code Ann. § 17.1-413 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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