WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Committee Substitute for House Bill 5093
By Delegate Kirby [Originating in the Committee on the Judiciary;
Reported on February 21, 2024]
CS for HB 5093
1 A BILL to amend and reenact §48-5-706 of the Code of West Virginia, 1931, as amended, relating
2 to the revision of an order concerning distribution of marital property; and, providing
3 guidelines for the same.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5. DIVORCE.
§48-5-706. Revision of order concerning distribution of marital property.
1 In modifying a final divorce order, the court may when other means are not conveniently
2 available alter any prior order of the court with respect to the distribution of marital property, if:
3 (1) The property is still held by the parties;
4 (2) The alteration of the prior order as it relates to the distribution of marital property is
5 necessary to give effect to a modification of spousal support, child support or child custody; or and
6 (3) The alteration of the prior order as it relates to the distribution of marital property is
7 necessary to avoid an inequitable or unjust result which would be caused by the manner in which
8 the modification will affect the prior distribution of marital property.
NOTE: The purpose of this bill is to clean up language relating to the revision of order concerning distribution of marital property.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
1 1
Statutes affected: Introduced Version: 48-5-706
Committee Substitute: 48-5-706