WEST VIRGINIA: Lawmakers push to deny spousal support to cheating spouses

Lawmakers in West Virginia want to make an issue of infidelity. Right now in West Virginia, and in most, if not all, other states, infidelity is irrelevant when it comes to asset distribution in a divorce. In other words, it doesn’t typically matter who did what. “Fault” does not factor into whether or not you can get a divorce (except if you live in New York which mandates a proof of fault before a divorce will be granted).¬† And fault did not typically factor into whether you will get spousal support and whether you have to pay spousal support, or even how much you got or were ordered to pay.
But if lawmakers have their way, that will soon change. West Virginia and a handful of other states like Arizona are pushing to make fault count in a divorce – if infidelity is a factor. They want the law to view infidelity as a form of “misconduct,” according to reports. Those who oppose the measure believe that these bills will only increase the number of combative divorces and possibly encourage more violence in between spouses. And they do have point. But it is not totally ridiculous to suggest that the cheater should bear the higher culpability in a divorce, and that, especially in no fault states, there should be some consequences to their actions – MONEY – that would make the wronged spouse¬† feel just a little bit of vindication.
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