Legal Question in Family Law in Virginia

If a man has kids from a previous marriage, (they are over 18) do they have rights to any of his belongings in the event of his death? He is remarried to me and everything we own (house, cars, bank accounts) is in both of our names.

Also, is there any chance of reversing spousal support that he pays every month?

If he takes her to court for money she owes him, which court would he file in? The county HE lives in, the one SHE l ives in or the one they used to live in when they were married?

Thank you


Asked on 4/23/10, 5:26 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

1. Yes, if this man died without a will. (See Va. Code Sec. 64.1-1.)

2. Yes, if the support recipent remarries or the term specified in the

Property Settlement Agreement(PSA) for the payment of the alimony

expires or other conditions referenced in the PSA come to pass which

trigger the termination of the spousal support.

3. He would file in the circuit court of the city or county where

the final decree of divorce was entered(if the money claimed as owed

was the result of an obligation arising out of this final decree).

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Answered on 4/28/10, 5:59 am


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