WEST virginia legislature
2021 regular session
Introduced
Senate Bill 78
By Senator Trump
[Introduced February 10,
2021; referred
to the Committee on the Judiciary]
A BILL to amend and reenact §48-8-105 of the Code of West Virginia, 1931, as amended, relating to correcting erroneous cross-references within this section regarding factors considered in awarding spousal support and separate maintenance.
Be it enacted by the Legislature of West Virginia:
ARTICLE 8. SPOUSAL SUPPORT.
§48-8-105. Rehabilitative spousal support.
(a) The court may award
rehabilitative spousal support for a limited period of time to allow the
recipient spouse, through reasonable efforts, to become gainfully employed.
When awarding rehabilitative spousal support, the court shall make specific
findings of fact to explain the basis for the award, giving due consideration
to the factors set forth in section 8-103 of this article §48-6-301
of this code. An award of rehabilitative spousal support is appropriate
when the dependent spouse evidences a potential for self-support that could be
developed through rehabilitation, training, or academic study.
(b) The court may modify an
award of rehabilitative spousal support if a substantial change in the
circumstances under which rehabilitative spousal support was granted warrants
terminating, extending, or modifying the award or replacing it with an award of
permanent spousal support. In determining whether a substantial change of
circumstances exists which would warrant a modification of a rehabilitative
spousal support award, the court may consider a reassessment of the dependent
spouse’s potential work skills and the availability of a relevant job market, the
dependent spouse’s age, health and skills, the dependent spouse’s ability or
inability to meet the terms of the rehabilitative plan and other relevant
factors as provided for in section 8-103 of this article §48-6-301 of
this code.
NOTE: The purpose of this bill is to correct erroneous cross-references within this section relating to Factors Considered in Awarding Spousal Support and Separate Maintenance.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.