Bill Text: WV SB78 | 2021 | Regular Session | Enrolled
Bill Title: Relating to rehabilitative spousal support
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2021-05-24 - Chapter 92, Acts, Regular Session, 2021 [SB78 Detail]
Download: West_Virginia-2021-SB78-Enrolled.html
WEST virginia legislature
2021 regular session
Enrolled
Senate Bill 78
By Senator Trump
[Passed April 5, 2021; in effect 90 days from passage]
AN ACT 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 §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 §48-6-301 of this code.
