Opinion
Record No. 0977-94-3
Decided: January 24, 1995
FROM THE CIRCUIT COURT OF BEDFORD COUNTY, William W. Sweeney, Judge
(Barry M. Tatel; Neil E. McNally; Key and Tatel, on brief), for appellant.
(Richard Lee Lawrence, on brief), for appellee.
Present: Judges Baker, Elder and Fitzpatrick
Pursuant to Code Sec. 17-116.010 this opinion is not designated for publication.
James H. Maxey (husband) appeals the decision of the circuit court awarding monthly spousal support to Mary Carter Maxey (wife). Upon reviewing the record and briefs of the parties, we conclude that this appeal is without merit. Accordingly, we summarily affirm the decision of the trial court. Rule 5A:27.
The decision to award spousal support rests within the sound discretion of the trial court and will not be overturned unless there has been an abuse of that discretion. Via v. Via, 14 Va. App. 868, 870, 419 S.E.2d 431, 433 (1992).
In awarding spousal support, the chancellor must consider the relative needs and abilities of the parties. He is guided by the nine factors that are set forth in Code Sec. 20-107.1. When the chancellor has given due consideration to these factors, his determination will not be disturbed on appeal except for a clear abuse of discretion.
Collier v. Collier, 2 Va. App. 125, 129, 341 S.E.2d 827, 829 (1986).
The record demonstrates that the parties presented extensive evidence concerning their marriage and its demise, although the court found the evidence insufficient to support either party's fault-based grounds for divorce. Both parties testified about their contributions to the marriage, the marital residence, and their property interests and assets. The court questioned both parties on their income and expenses. Based upon the record, we cannot say that the trial court failed to consider these statutory factors or abused its discretion in awarding spousal support to wife.
Accordingly, the decision of the circuit court is affirmed.
Affirmed.