Is husband’s bankruptcy filing a change in circumstances justifying a modification of spousal support?
While a husband’s discharge in bankruptcy may constitute a change in circumstances justifying a modification of spousal support in Virginia, the mere filing of husband’s bankruptcy and expectation of a discharge would be entirely too speculative for a modification. Rogers v. Rogers, 656 S.E.2d 436, 51 Va. App. 261 (Va. App. 2008). In the Rogers case, when the Virginia Circuit Court divorce judge entered a final decree of divorce, the husband and wife represented that they had settled all equitable distribution issues and reserved the issue of alimony or permanent spousal support for later determination. As part of the settlement, husband had agreed to pay two of the parties’ joint debts. The divorce court determined the amount of alimony or spousal support at a later hearing. The husband then filed a motion to reduce spousal support. The husband did not pay the joint debts as agreed and subsequently filed a chapter 7 bankruptcy. At the second hearing on alimony or spousal support, the
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