Eberhardt v. Eberhardt (U)

Divorcing parties intended for an early 2017 agreement to be a comprehensive resolution of all the matters presented in this case. A Roth IRA was not addressed by the parties’ agreement, so the circuit court erred by dividing it between the parties.

But the circuit court didn’t err in dividing the escrow refund checks equally between the parties as proceeds of the sale of the parties’ real property. Husband was not entitled to a credit for the previous $20,000 payment that he made for the wife’s attorney’s fees pursuant to their agreement.

Affirmed in part, reversed in part, and remanded.

Eberhardt v. Eberhardt (U), No. 0662-18-1, Dec. 11, 2018. CAV (Chafin) from Va. Beach (Lewis).

Categories: Court of Appeals of Virginia, Opinions, Unpublished


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