Stubblebine v. Stubblebine

In Stubblebine v. Stubblebine, 22 Va. App. 703, 710, 473 S.E.2d 72, 75 (1996), the husband was sixty-four years old, had twice retired during the marriage, and was a part-time consultant during his retirement when the marriage disintegrated and the parties separated. During the divorce, both of his consulting contracts were terminated. Nevertheless, this Court held that Mr. Stubblebine was capable of gainful employment and "regardless of whether he had chosen a more relaxed retirement rather than pursuing an active retirement, the fact remained that he was capable of gainful employment." Id. at 711, 473 S.E.2d at 76. "In determining the amount of an award, the court must consider all of the factors set forth in Code 20-107.1. The court's decision is presumed correct and will not be disturbed unless some injustice has been done," or unless the decision is contrary to the evidence or plainly wrong. Id. at 707, 473 S.E.2d at 74.