H. B. 2301


(By Delegates Ellem, Schadler and Lane)
[Introduced January 9, 2008; 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.
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.

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.