West Virginia Supreme Court

In Re the Marriage of Margaret P. Zickefoose, Respondent Below, Petitioner v. Joseph L. Zickefoose, Petitioner…

February 10, 2012228 W. Va. 708

Summary

The court held that federal service-connected veterans disability benefits may be considered, along with a payor spouse's other income, when determining the amount of spousal support, even though the benefits may not be directly attached or allocated to satisfy support. It reversed the circuit court because its order did not adequately explain its treatment of the parties' benefits, the reduced support amount, or the 18-month limitation, and remanded for a particularized final order providing permanent rather than rehabilitative support. WORKMAN, Justice, concurring in part and dissenting in part, agreed that the benefits could be considered but would have simply reversed without remanding for further proceedings.