Sawyer v. Sawyer

Opinion

MOON, J.

James P. Sawyer appeals from a judgment requiring him to pay $700 per month spousal support, and in addition, $40,000, payable in monthly installments of $250, as part of the wife’s equitable distribution of the marital property which consists almost entirely of Mr. Sawyer’s military retirement pension. Mr. Sawyer seeks reversal on the following grounds: (1) that his military retirement pension is not property subject to equitable distribution as contemplated in Code § 20-107.3; (2) that if his pension is property it is separate property; (3) that the trial court, in violation…