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DAILEY v. DAILEY

Record No. 0922-11-4.

722 S.E.2d 321 (2012)

59 Va. App. 734

David H. DAILEY v. Janice M. DAILEY.

Court of Appeals of Virginia.

March 6, 2012.

Attorney(s) appearing for the Case

John K. Cottrell , Alexandria (Cottrell Fletcher Schinstock Bartol & Cottrell, on briefs), for appellant.

Dorothy M. Isaacs , Fairfax (Surovell, Isaacs, Petersen & Levy, PLC, on brief), for appellee.

Present: Judges FRANK, McCULLOUGH and Senior Judge ANNUNZIATA.

McCULLOUGH, Judge.

David H. Dailey ("husband") contends that the trial court erred in holding that his retirement, and the share of that retirement that is being disbursed to his former wife, Janice M. Dailey ("wife"), did not constitute a basis to modify the husband's spousal support obligation to wife. We agree with husband and, therefore, reverse and remand.

BACKGROUND

Husband and wife were divorced in 2009. The final decree of divorce, dated...

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