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CourtListener opinion 4462756
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Machine-draft headnote
Machine-draft public headnote: CourtListener opinion 4462756 is included in the LexyCorpus QDRO sample set as a public CourtListener opinion with relevance to pension / defined benefit issues. The current annotation is conservative: it identifies source provenance, relevance signals, and evidence quotes for attorney/agent retrieval. It is not a Willie-approved legal headnote yet.
Retrieval annotation
Draft retrieval summary: this opinion has QDRO relevance score 5/5, retirement-division score 5/5, and family-law score 5/5. Use the quoted text and full opinion below before relying on the case.
Category: pension / defined benefit issues
Evidence quotes
QDRO“rred by assigning him one hundred percent of the marital debt, awarding wife "over eighty-five percent of" the marital property, evenly dividing the marital portion of the parties' retirement accounts, and ordering him to bear the costs of preparing the Qualified Domestic Relations Order ("QDRO") for dividing the retirement account funds that he had transferred during the pendency of the suit. The trial court properly considered the statutory factors in dividing the parties' assets and debts, and this Court affirms. The trial court did not abuse its discretion by deciding that fairness required that wife not be burdened by a debt”
retirement benefits“eper County. In four assignments of error, he claims that the trial court erred by assigning him one hundred percent of the marital debt, awarding wife "over eighty-five percent of" the marital property, evenly dividing the marital portion of the parties' retirement accounts, and ordering him to bear the costs of preparing the Qualified Domestic Relations Order ("QDRO") for dividing the retirement account funds that he had transferred during the pendency of the suit. The trial court properly considered the statutory factors in dividing the parties' assets and debts, and this Court affirms. The trial court did not abu”
pension“it and his cigar, gun, pocketknife, and straight razor collections worth approximately $4000. The parties had several retirement accounts. Wife had a single defined contribution account worth approximately $65,000. Husband had a Virginia Retirement System pension that was in pay status—because husband had already retired—that was paying $3200 per month. He also had two defined contribution plans worth approximately $120,000. While the case was pending, husband transferred the funds from his defined contribution plans to his investment -3- accounts. The trial court awarded both parties fifty percent of the mari”
401(k)“tely $5400. The trial court also awarded husband the parties' joint checking account with $4400 in it and his cigar, gun, pocketknife, and straight razor collections worth approximately $4000. The parties had several retirement accounts. Wife had a single defined contribution account worth approximately $65,000. Husband had a Virginia Retirement System pension that was in pay status—because husband had already retired—that was paying $3200 per month. He also had two defined contribution plans worth approximately $120,000. While the case was pending, husband transferred the funds from his defined contribution plans to his inv”
Source and provenance
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- courtlistener_qdro_opinion_full_text
- Permissions posture
- public
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- machine draft public v0
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- gold label pending
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- US
- Deterministic extraction
- pending
- Generated at
- May 14, 2026
Related public corpus pages
Deterministic links based on shared title/citation terms and QDRO / retirement / family-law retrieval scores.
Clean opinion text
COURT OF APPEALS OF VIRGINIA
UNPUBLISHED
Present: Judges Huff, AtLee and Malveaux
Argued at Fredericksburg, Virginia
WARREN D. BLATZ, JR.
MEMORANDUM OPINION* BY
v. Record No. 0999-19-4 JUDGE GLEN A. HUFF
DECEMBER 10, 2019
CYNTHIA A. BLATZ
FROM THE CIRCUIT COURT OF CULPEPER COUNTY
Susan L. Whitlock, Judge
Monica J. Chernin (Law Offices of Monica J. Chernin, PC, on
brief), for appellant.
Elizabeth G. Thorne (Davies, Barrell, Will, Lewellyn & Edwards,
PLC, on brief), for appellee.
Warren D. Blatz, Jr. ("husband") appeals the divorce decree issued by the Circuit Court
of Culpeper County. In four assignments of error, he claims that the trial court erred by
assigning him one hundred percent of the marital debt, awarding wife "over eighty-five percent
of" the marital property, evenly dividing the marital portion of the parties' retirement accounts,
and ordering him to bear the costs of preparing the Qualified Domestic Relations Order
("QDRO") for dividing the retirement account funds that he had transferred during the pendency
of the suit.
The trial court properly considered the statutory factors in dividing the parties' assets and
debts, and this Court affirms. The trial court did not abuse its discretion by deciding that fairness
required that wife not be burdened by a debt arranged without her knowledge. Further, the trial
court considered the statutory factors and properly concluded the remainder of the equitable
*
Pursuant to Code § 17.1-413, this opinion is not designated for publication.
distribution was fair. Moreover, the trial court was justified in requiring husband bear the cost of
preparing the QDRO for his account. He was better able than wife to bear the responsibility
when he possessed the information necessary to draft the QDRO.
I. BACKGROUND
"On appeal, we construe the evidence in the light most favorable to wife, the prevailing
party below, granting to her evidence all reasonable inferences fairly deducible therefrom." Mir
v. Mir, 39 Va. App. 119, 123 (2002) (quoting Donnell v. Donnell, 20 Va. App. 37, 39 (1995)).
So viewed the evidence is as follows:
Husband and wife were married in 1997. Husband is twenty-nine years older than wife.
The parties did not have any children together, although both parties had children from prior
relationships.
Husband had inherited several million dollars from his mother before the marriage. He
purchased the parties' marital residence immediately before the parties' wedding using some of
those separate funds. He continues to own that home, worth approximately half a million
dollars, free of any liens.
Husband handled the parties' finances. Both parties worked full time throughout the
marriage except a few years early in the marriage when wife completed a nursing degree and the
last few years before the trial when husband was retired. Both parties' salaries were deposited in
a joint checking account from which husband paid their bills. While the parties' extravagant
lifestyle frequently caused their expenditures to exceed their income, husband made up the
difference from his investment accounts that contained his inheritance from his mother and
another inheritance from an aunt that passed away while the parties were married. Wife
attempted to discuss finances with husband on multiple occasions, but husband refused. He
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never suggested that the parties needed a budget or that they needed to cut back on their
spending.
Although husband occasionally made dinner, wife performed the majority of household
chores. Husband spent most of his time after work in the basement den. He frequently drank to
excess.
The parties separated in 2017. At first, wife remained in the upstairs bedroom and
requested husband sleep in the basement. Later in the year, wife obtained her own home and
moved out. She took with her the furniture from the rooms she used more and thought the value
of what she took was similar to what she left behind. Husband did not object to the division of
the furniture she made. The trial court awarded each party the furniture in his or her possession.
Wife also took most of the jewelry she had been given throughout the marriage. Other
than jewelry that had originally come from husband's mother, husband did not object to wife
keeping the jewelry, and the trial court awarded wife all of the jewelry except the pieces husband
had requested. The total value of the jewelry was approximately $65,000.
The trial court also awarded each party the vehicle he or she customarily drove. Wife
received her 2011 Lexus, worth approximately $20,000, and husband received his 2010 Ford
Fusion, worth approximately $5400. The trial court also awarded husband the parties' joint
checking account with $4400 in it and his cigar, gun, pocketknife, and straight razor collections
worth approximately $4000.
The parties had several retirement accounts. Wife had a single defined contribution
account worth approximately $65,000. Husband had a Virginia Retirement System pension that
was in pay status—because husband had already retired—that was paying $3200 per month. He
also had two defined contribution plans worth approximately $120,000. While the case was
pending, husband transferred the funds from his defined contribution plans to his investment
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accounts. The trial court awarded both parties fifty percent of the marital share of each of the
parties' retirement accounts and husband's pension. At wife's request, the trial court ordered
husband to bear the cost of preparing the QDRO for distributing wife's portion of the funds he
transferred to his investment account.
The biggest dispute was the parties' debt. In 2008, without telling wife, husband stopped
paying for the excess spending with his separate funds. Instead he covered excess bills with
proceeds of a home equity loan and other loans secured by his investment accounts. Husband
testified that he adopted that strategy based on recommendations from his financial advisors who
suggested that growth of his investment portfolio could outpace the cost of using borrowed funds
to pay bills. He testified that the loans had been as high as $500,000, but that he had been paying
them off. The trial court found the $280,000 balance of the loans to be marital debt.1 It found,
however, "that the debt incurred by [husband] was an investment strategy. He happily spent his
inheritance without complaint throughout the marriage yet now wants an award because he is
disgruntled over the parties' crumbled marriage. Thus, he shall bear his own debt." It assigned
him the responsibility for the entire debt.
The trial court then granted the divorce based on the parties living separate and apart for
more than a year. This appeal followed.
II. STANDARD OF REVIEW
"Fashioning an equitable distribution award lies within the sound discretion of the trial
judge and that award will not be set aside unless it is plainly wrong or without evidence to
support it." Srinivasan v. Srinivasan, 10 Va. App. 728, 732 (1990). "Only under exceptional
1
At trial wife argued the debt was husband's separate debt, but does not assign
cross-error to the trial court's finding that the debt was marital.
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circumstances will we interfere with the exercise of the trial judge's discretion." Aster v. Gross,
7 Va. App. 1, 8 (1988).
III. ANALYSIS
Husband challenges the trial court's equitable distribution award. He argues the trial
court erred because he is saddled with all the parties' debts but was only awarded a tiny fraction
of the parties' assets.
Code § 20-107.3(E) requires a trial court to consider eleven factors when apportioning
marital assets and debts. "A trial court, when considering these factors, is not required to
quantify the weight given to each, nor is it required to weigh each factor equally, though its
considerations must be supported by the evidence." Marion v. Marion, 11 Va. App. 659, 664
(1991). "Because making an equitable distribution award is often a difficult task, ‘we rely
heavily on the discretion of the trial judge in weighing the many considerations and
circumstances that are presented in each case.'" Howell v. Howell, 31 Va. App. 332, 350 (2000)
(quoting Moran v. Moran, 29 Va. App. 408, 417 (1999)). "Virginia equitable distribution law
‘does not establish a presumption of equal distribution of marital assets.'" Sfreddo v. Sfreddo,
59 Va. App. 471, 486 (2012) (quoting Watts v. Watts, 40 Va. App. 685, 702 (2003)). "The
function of the [trial court] is to arrive at a fair and equitable monetary award based upon the
equities and the rights and interests of each party in the marital property." Mir, 39 Va. App. at
126 (quoting Gottlieb v. Gottlieb, 19 Va. App. 77, 95 (1994)).
Although husband challenges the trial court's award to wife of fifty percent of his
retirement accounts and the award of personal properties, his primary complaint is the trial
court's decision to assign him the entire outstanding $280,000 balance of the loan he took out
against his investment account. He claims that he is being punished for his fault in bringing
about the dissolution of the marriage.
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The trial court concluded that the parties had established a pattern of living beyond their
means with husband drawing on his separate funds to make up the difference. If that had been
the end of the analysis, it might favor husband's argument. See Srinivasan, 10 Va. App. at 733
("[W]here one party contributes substantially more to a marriage financially, the court may in its
discretion, in weighing and balancing all of the factors in Code § 20-107.3, give appropriate
weight to that factor and make a greater award to the party contributing the most financially.").
Husband chose, however, to unilaterally take out loans to support the parties' lifestyle without
telling wife, despite her repeated requests for information about their financial situation. The
trial court found, with sufficient support in the record, that he did so "as an investment strategy."
In other words, husband sought to maximize return on his investments by borrowing instead of
continuing to spend the principal of his portfolio.
In light of the parties' established financial arrangements, the trial court permissibly
concluded that wife should not be assigned a debt that was unknown to her and was solely the
product of husband's strategy for maximizing his investment returns. That decision is supported
by this Court's precedent. In Howell, the parties established a pattern of borrowing significant
sums of money each year until the husband's employment made its annual distribution of the
husband's partnership earnings. This Court held that the trial court did not err when it required
the husband to pay the entire balance on the loan of over $120,000 because it was consistent with
the expectations for managing the parties' finances that the parties had established during the
marriage. Howell, 31 Va. App. at 350 ("The allocation of the debt to the husband is proper given
the manner in which this couple managed their finances. To prevent an inequity, the trial court
properly ordered the husband to pay the debt, and it considered all the statutory factors of Code
§ 20-107.3. We find no abuse of discretion.").
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In the instant case, the parties established a pattern of living beyond their means
supported by husband's separate investment account. Husband handled the parties' finances and
refused to discuss their finances with wife. The trial court did not abuse its discretion by
assigning the debt to husband. Code § 20-107.3(E)(11) ("[The trial court may consider s]uch
other factors as the court deems necessary or appropriate to consider in order to arrive at a fair
and equitable monetary award."). Thus, this Court affirms the trial court's assignment of the
marital debt to husband.
Next, husband argues that the trial court erred in awarding most of the parties' tangible
personal property to wife. He argues the trial court had no reason other than a desire to punish
him for the dissolution of the marriage to award wife more of the personal property. But he does
not identify any specific property that the trial court should have awarded differently. More
importantly, in the trial court, husband acquiesced to the distribution of property he now
challenges. He conceded the cars, jewelry, and household furnishings should be awarded exactly
how the trial court awarded them. Thus, he has waived any challenge to this distribution of the
property. Asgari v. Asgari, 33 Va. App. 393, 403 (2000) ("Husband will not be permitted to
approbate and reprobate, ascribing error to an act by the trial court that comported with his
representations.").
Next, husband claims the trial court erred in dividing the parties' retirement accounts
equally. He concedes that normally an equal division of the retirement accounts would be
appropriate, but he claims that because he was saddled with the parties' debt and the parties'
tangible personal property was divided unequally, the trial court should not have evenly divided
the parties' retirement funds.
Here, the trial court found that special circumstances justified awarding all the debt to
husband. As already explained, this Court affirms that finding. When the remainder of the trial
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court's division of property is considered, it is not so uneven as to conclude the trial court abused
its discretion. "Code § 20-107.3 contains no presumption favoring equal division of marital
property." Aster, 7 Va. App. at 8. Although the trial court awarded wife significantly more
tangible personal property, specifically most of the jewelry, the parties' retirement accounts were
the parties' largest assets. When considered together, the trial court's award to wife was only a
modest amount larger than the award of assets to husband. Moreover, although both parties
contributed financially to the marriage, the trial court found that wife contributed more
non-economic support to the marriage. In light of that finding, the trial court's decision to award
wife more of the assets and equally divide the retirement accounts was not an abuse of
discretion. McIlwain v. McIlwain, 52 Va. App. 644, 650-51 (2008) ("When a trial court has
considered the statutory factors, this Court will not reverse that court's ruling unless the record
indicates that the trial court abused its discretion.").
Finally, husband claims the trial court erred by requiring him to bear the costs of
preparing the QDRO required to effectuate the trial court's distribution of the retirement
accounts. However, the trial court had justification for its decision. Here, husband transferred
his retirement funds while the case was pending. Husband had the account information
necessary to prepare the order and wife did not. The trial court did not abuse its discretion when
it concluded that it was fair to require husband to bear the costs of preparing the QDRO since he
held the information needed.
IV. CONCLUSION
Although the trial court found the loan taken out by husband without wife's knowledge to
be marital debt, it was not required to apportion any of that debt to wife. Under the unique facts
of this case, the trial court did not abuse its discretion in finding that the loan was part of
husband's investment strategy and that he should be required to bear that obligation. Further, the
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trial court did not abuse its discretion in awarding wife more tangible property when it made
awards that were consistent with the parties' requests and when it split the parties' retirement
accounts equally. Finally, the trial court did not abuse its discretion in requiring appellant to bear
the burden of drafting the QDRO to effect the division of the funds which he had transferred
from his retirement account to his investment account while the case was pending. He possessed
the information necessary for drafting the QDRO, and the trial court reasonably found he should
bear the cost of preparing it.
Affirmed.
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