Court May Examine Future Needs in Equitable Distribution

The Virginia Court of Appeals recently confirmed a trial court's approach to equitable distribution after divorce.  In White v. White, husband, 75, sought divorce from wife, 50.  Husband's attorney argued successfully that his future needs should be considered by the court in light of his age and poor health.  Indeed, Va. Code 20-107.3(E) requires courts to consider the relative age and health of the parties when distributing a marital estate.  The Court of Appeals made clear the trial court did not err by contemplating husband's future needs upon considering these requisite factors.