Gamble v. Gamble
In Gamble v. Gamble, 14 Va. App. 558, 421 S.E.2d 635 (1992), the Court found an abuse of discretion when the trial judge linked the distribution of property under Code 20-107.3 directly to the award of spousal support under Code 20-107.1.
The Court ruled that the trial judge erred when he "fashioned" a spousal support award "primarily for the purpose" of providing "the financial means by which the wife could satisfy the monthly mortgage obligations on the marital property she sought and received under the provisions of Code 20-107.3." 14 Va. App. at 576, 421 S.E.2d at 646.
The Court noted that maintaining an appropriate separation "prevents a 'double dip' by a spouse who seeks and receives encumbered property under Code 20-107.3 and also seeks and receives spousal support under Code 20-107.1." 14 Va. App. at 577, 421 S.E.2d at 646-47.