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STUBBLEBINE v. STUBBLEBINE

Record No. 1915-94-4.

473 S.E.2d 72 (1996)

22 Va. App. 703

Albert N. STUBBLEBINE, III v. Geraldine M. STUBBLEBINE.

Court of Appeals of Virginia, Richmond.

July 23, 1996.

Attorney(s) appearing for the Case

Lawrence D. Diehl, Hopewell, for appellant.

James A. Watson II, Fairfax (Surovell, Jackson, Colten & Dugan, P.C., on brief), for appellee.

Present: MOON, C.J., and BENTON, COLEMAN, WILLIS, ELDER, BRAY, FITZPATRICK, ANNUNZIATA and OVERTON, JJ.

UPON A REHEARING EN BANC

COLEMAN, Judge.

In this domestic relations appeal, we decide whether the trial court erred in awarding spousal support by imputing income to the appellant, Albert Stubblebine, a sixty-four year old retiree, based upon his ability to earn income in addition to his retirement benefits. We hold that considering Mr. Stubblebine's capability for obtaining gainful employment as evidenced by his recent employment, the trial court did not...

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