Baldwin v. Baldwin

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating “when one of the statutory bars in Code § 20-109 applies, Hardesty requires that the agreement ‘expressly preclude termination of the contractual duty of spousal support’ “
• “[T]he party asserting the existence of a[] [settlement] agreement bears the burden of persuasion to prove its existence.”
• “Hardesty can best be understood as recognizing a statutory preset that can be undone only by the clearest possible expression of contractual intent.”
• “[W]hether a statutory bar to spousal support must be expressly included in the agreement as a ground for termination or expressly excluded depends entirely on whether the agreement predates or postdates the legislative enactment creating the bar.”
• “[I]n anticipation of divorce, the parties executed a property settlement agreement.
• “[I]n anticipation of divorce, the parties executed a property settlement agreement.

Source: CourtListener parenthetical corpus (CC0).

Cited by

9 cases in this archive cite this case.

• TRAVCO Insurance v. Ward
  E.D. Virginia· 2010-06-03· cited 62×
• Tim Price O'Hara v. Sandra H. O'Hara
  Court of Appeals of Virginia· 2005-06-07· cited 27×
• Stroud v. Stroud
  Court of Appeals of Virginia· 2009-06-16· cited 25×
• Brown v. Brown
  Court of Appeals of Virginia· 2009-04-07· cited 5×
• Brown v. Brown
  Norfolk County Circuit Court· 2008-01-07· cited 1×
• Sandra H. O'Hara v. Tim Price O'Hara
  Court of Appeals of Virginia· 2005-06-07
• W. Neil Wills v. Lisa J. Wills
  Court of Appeals of Virginia· 2021-02-09
• Lisa J. Wills v. W. Neil Wills
  Court of Appeals of Virginia· 2021-02-09
• Waugh v. Waugh
  Fairfax County Circuit Court· 2009-06-25

Cites

8 cases in this archive are cited by this case.

• Newman v. Newman
  Court of Appeals of Virginia· 2004-03-02· cited 74×
• American Spirit Insurance v. Owens
  Supreme Court of Virginia· 2001-03-02· cited 32×
• Hering v. Hering
  Court of Appeals of Virginia· 2000-09-05· cited 26×
• Jones v. Harrison
  Supreme Court of Virginia· 1995-06-09· cited 24×
• Hardesty v. Hardesty
  Court of Appeals of Virginia· 2003-05-27· cited 18×
• Smith v. Smith
  Court of Appeals of Virginia· 2003-12-09· cited 15×
• Rubio v. Rubio
  Court of Appeals of Virginia· 2001-07-24· cited 11×
• Rubio v. Rubio
  Court of Appeals of Virginia· 2000-08-01· cited 4×