In determining whether spousal support is to be awarded, or in determining the amount of spousal support, if any, to be awarded, the court shall consider and compare the fault or misconduct of either or both of the parties and the effect of the fault or misconduct as a contributing factor to the deterioration of the marital relationship.
W. Va. Code § 48-8-104
Effect of fault or misconduct on award of spousal support
Applied in 2 court decisions — leading case 235 W. Va. 115 - Carol Elaine Warren v. Todd E. Garland (2015)
Most recently applied in 235 W. Va. 115 - Carol Elaine Warren v. Todd E. Garland (April 2015)
Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.