New Syllabus Point: In determining the amount of spousal support to be awarded pursuant to the factors enumerated in W.Va. Code, 48-6-301(b)(1)-(20) , federal, service-connected veterans disability benefits received by the payor spouse may be considered by the family court as a resource, along with the payor’s other income, in assessing the ability of the payor to pay spousal support. Such consideration by the family court is not precluded by 10 U.S.C. § 1408  of the Uniformed Services Former Spouses’ Protection Act or 38 U.S.C. § 5301  concerning the nonassignability of veterans benefits.
Read the Opinion Here: http://www.courtswv.gov/supreme-court/docs/spring2012/11-0073.pdf