Opinion
220039
09-14-2022
LEE ANN B. YOURKO v. MICHAEL B. YOURKO
Heather Larson Pedersen and Kyle J. Burcham (Pedersen Law, PLLC) for appellant. Charles E. Haden (Law Office of Charles E. Haden) for appellee.
The Court of Appeals of Virginia.
Heather Larson Pedersen and Kyle J. Burcham (Pedersen Law, PLLC) for appellant.
Charles E. Haden (Law Office of Charles E. Haden) for appellee.
GRANTED APPEAL SUMMARY
Assignments of Error
1. The Court of Appeals erred in holding that the trial court's order divided Husband's disability pay.
2. The Court of Appeals erred in holding that the trial court's order required Husband to pay 140% of Husband's retirement benefits to Wife.
3. The Court of Appeals erred in reversing the trial court by overruling prior precedent, specifically Owen v. Owen, 14 Va.App. 623 (1992) and McLellan v. McLellan, 33 Va.App. 376 (2000).
4. The Court of Appeals erred in interpreting and applying Howell v. Howell, 137 S.Ct. 1400 (2017) such that Virginia Courts may not incorporate or issue orders permitting servicemembers to make contracts, guarantees or indemnification promises to former spouses pursuant to Va. Code Ann. Section 20-109.1.
5. The Court of Appeals erred in holding that the trial court erred in ordering the incorporation of the contractual indemnification provisions of the parties' Property Settlement Agreement as court action contradictory to Howell, whereas Howell was limited to an order of indemnification by court action only, and did not involve the issue of the incorporation of a parties' agreement, which is not contradictory to Howell.