H. B. 4358


(By Delegates Ellem, Frich, Schadler and Lane)
[Introduced February 2, 2006; referred to the
Committee on the Judiciary.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-8-104a, relating to providing that adultery shall be a bar to alimony in a divorce proceeding.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §48-8-104a, to read as follows:
ARTICLE 8. SPOUSAL SUPPORT.
§48-8-104a Adultery as a bar to spousal support.
No spousal support shall be awarded to a party determined, by the court in a divorce proceeding, to be at fault by having committed adultery.

NOTE: The purpose of this bill is to provide that adultery be a bar to receiving alimony in a divorce proceeding.
§48-8-104a is new; therefore, strike-throughs and underscoring have been omitted.