WVC 23 - 4 - 13
§23-4-13. Effect of abandonment of spouse.
Notwithstanding anything herein contained, no sum will be paid
to a widow or widower who abandoned the employee before the injury
causing death. However, the provisions of this section may not be
construed to preclude a widow or widower from receiving
compensation in accordance with section ten of this article if the
widow or widower was abandoned within a period of two years by the
employee for any reason except a reason that would have entitled
the deceased employee to an annulment or a divorce as provided in
articles three or five, chapter forty-eight of this code.