Davis v. Davis, 239 Va. 657

Summary

The Supreme Court of Virginia held that an antenuptial agreement preserving each spouse’s separate property did not waive the parties’ respective rights to seek spousal support. The court affirmed the setting aside of the husband’s deed of gift to a friend under Virginia Code § 55-80, concluding that the conveyance was made with intent to defraud the wife, who was a spousal-support judgment creditor. Two justices dissented, reasoning that the agreement’s plain language barred the wife from challenging the transfer.

Holdings

1. The antenuptial agreement did not contemplate surrender of either party's right to claim and prove entitlement to spousal support.
2. As the beneficiary of a spousal-support award, Donna was eligible to pursue the fraudulent-conveyance remedy provided by Code § 55-80.
3. The evidence was sufficient to support the finding that the deed of gift was made with intent to defraud, and the Chancellor properly set aside the deed.

Questions Presented

1. Whether the antenuptial agreement waived or otherwise barred Donna's right to claim spousal support and to pursue the fraudulent-conveyance remedy under Code § 55-80.
2. Whether the evidence supported the finding that Stewart's deed of gift was made with intent to defraud Donna and creditors.

Disposition

affirmed