Spousal Support and Fault in West Virginia

Adultery is often the primary cause for divorce. A common question is whether or not a person who commits adultery in West Virginia can receive alimony or spousal support from their spouse. The answer is that it is legally possible. West Virginia law requires family court judges to compare the fault of each party when determining the amount, if any, of spousal support to be granted. There could be circumstances, under West Virginia law, where someone who commits adultery can and will receive spousal support. Never assume that a spouse will not receive spousal support if they have committed adultery. That being said, when a West Virginia court weights fault, adultery will almost definitely be considered. The court also must consider statutory factors listed in W.Va. Code § 48-6-301 when determining the amount of spousal support.

 

(Disclaimer – this is for educational purposes only and should not be construed as legal advice. Every family court case presents different issues for consideration. Consult a lawyer for legal advice.)