Senate Bill No. 51

(By Senators Boley and Nohe)

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[Introduced January 11, 2012; referred to the Committee on the Judiciary.]

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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 is a bar to alimony in a divorce proceeding; and providing for adjustment of alimony if a party learns of adultery after entry of divorce decree.

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.

    Spousal support may not be awarded to a party determined by the court in a divorce proceeding to be at fault by having committed adultery: Provided, That spousal support may be adjusted if a party learns of adultery after the final divorce decree has been entered.

    NOTE: The purpose of this bill is to provide that adultery is a bar to receiving alimony in a divorce proceeding. It also allows an adjustment to be made if a party learns of adultery after entry of divorce decree.

    §48-8-104a is new; therefore, strike-throughs and underscoring have been omitted.