Reid v. Reid

I concur in Parts I and II of the opinion, but I dissent from Part III because I disagree with the majority opinion’s view that the law forecloses Robert Reid (the payor spouse) from seeking restitution of money paid to his former wife as spousal support.1 *1235Whenever a decision of this Court sets aside an initial spousal support award that has not been stayed by the trial judge, I believe the trial judge, upon a proper request, must exercise discretion to determine on a case-by-case basis whether restitution is warranted.

It has long been the rule in Virginia that if, pending an appeal, the…