H. B. 4282

(By Delegates Ellem, Hamilton, D. Poling,

                     Frazier and Border)

[Introduced January 25, 2012; 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 is 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 is a bar to receiving alimony in a divorce proceeding.

    This section is new; therefore, it has been completely underscored.