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Apparently, both Ms. Deluca and petitioner were dissatisfied
with their negotiations regarding spousal support, and other
assets and property items, because she filed a divorce proceeding
in 2002 against petitioner in the Circuit Court of Fairfax
County, Virginia, Chancery No. 182004, in which she sought
pendente lite relief. Their negotiations continued
unsuccessfully. Finally, after conducting hearings, the Circuit
Court judge entered a pendente lite order on January 24, 2003,
which provided, among other things, that petitioner was to pay
directly to Ms. Deluca $1,200 per month as spousal support
beginning February 1, 2003. Both parties were represented by
counsel in that proceeding.
Petitioner and Ms. Deluca did not enter into any other
agreement purporting to be a “written separation agreement” prior
to the issuance of the pendente lite order.
On June 25, 2004, a final decree of divorce was entered by
Judge Keith of the Circuit Court of Fairfax County, Virginia,
which provided for the distributions of marital assets as well as
a further reduction in spousal support, as follows:
ORDERED, ADJUDGED, AND DECREED that beginning in
the month of July, 2004, Defendant shall pay
Complainant for spousal support and maintenance the sum
of Nine Hundred and No Dollars ($900.00) per month.
Payments shall be made on the first (1st) day of each
month beginning July 1, 2004, and continuing on the
first (1st) day of each month thereafter in accordance
with Section 20-109, 1950 Code of Virginia, as amended,
until the death of either party, or until the
remarriage of Complainant or until the Complainant
cohabits with an unrelated male in a relationship
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Last modified: March 27, 2008