H. B. 4652
(By Delegate Staton)
[Introduced February 20, 2006; referred to the
Committee on the Judiciary]
A BILL to amend and reenact §48-8-101 of the Code of West Virginia,
1931, as amended, relating to the termination of alimony upon
the death of the payor or payee, or the remarriage of the
payee, in the absence of an agreement or court order.
Be it enacted by the Legislature of West Virginia:
That §48-8-101 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8. SPOUSAL SUPPORT
§48-8-101. General provisions regarding spousal support.
(a) An obligation that compels a person to pay spousal
support may arise from the terms of a court order, an antenuptial
agreement or a separation agreement. In an order or agreement, a
provision that has the support of a spouse or former spouse as its
sole purpose is to be regarded as an allowance for spousal support
whether expressly designated as such or not, unless the provisions of this chapter specifically require the particular type of
allowance to be treated as child support or a division of marital
property. Spousal support may be paid as a lump sum or as periodic
installments without affecting its character as spousal support.
(b) Spousal support is divided into four classes which are:
(1) Permanent spousal support; (2) temporary spousal support,
otherwise known as spousal support pendente lite; (3)
rehabilitative spousal support; and (4) spousal support in gross.
(c) In the absence of an agreement or an order specifically
providing for the death of the payor or payee, spousal support
other than rehabilitative spousal support or spousal support in
gross shall cease on the death of the payor or payee. In the event
neither an agreement nor an order makes provision for the death of
the payor, rehabilitative spousal support continues beyond the
payor's death, in the absence of evidence that the payor's estate
is likely to be insufficient to meet other obligations or that
other matters would make continuation after death inequitable.
Rehabilitative spousal support ceases with the payee's death. In
the event neither an agreement nor an order makes provision for the
death of the payor or payee, spousal support in gross continues
beyond the payor's or payee's death.
(d) In the absence of an agreement or an order specifically
providing for the remarriage of the payee, spousal support other
than rehabilitative spousal support or spousal support in gross shall cease on the remarriage of the payee. Rehabilitative spousal
support does not cease upon the remarriage of the payee during the
first four years of a rehabilitative period. In the event neither
an agreement nor an order makes provision for the remarriage of the
payee, spousal support in gross continues beyond the payee's
remarriage.
(e) An award of spousal support cannot be ordered unless the
parties are actually living separate and apart from each other.
NOTE: The purpose of this bill is to clarify when alimony
ceases in the event of the death of the payor or payee, or the
remarriage of the payee, in the absence of an agreement or court
order.
Underscoring indicates new language that would be added.
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