Laws Lawyers Find Laws Legal Forms State Laws Bills
Home » Find Laws » Divorce Laws » Alimony in West Virginia

Alimony in West Virginia

Listen
The Basics of Alimony in West Virginia In many cases, a divorce can bring out a few ‘unfair’ consequences on either spouse, which is why it’s important to consider every possible remedy to make the process as fair as possible – such as fair and equitable property distribution methods, child support, suitable child custody stipulations, and then of course, something requiring specific evidence and deliberation…. It’s Called ‘Alimony’ What is alimony? Specifically in the state of West Virginia, alimony in West Virginia – as in all of the other states – may differ in many ways, like terminology, requirements, and types. But the basic definition of alimony is this: 1. It’s spousal support where one spouse makes financial payments to the other spouse for the purpose of income readjustment and financial need. In other words, it’s like child support, only not for any relevant children in question; rather, it’s directly related to the needs of the other spouse in the event that the divorce presents unfair financial consequences. Many states stipulate several kinds of alimony, too – either two possible types, or even as much as four. Reasons for Alimony in West Virginia But in regard to alimony in West Virginia, there’s only one basic kind defined by the above definition. Any other issues are simply decided in court as to the reason for the alimony, which can be any of these – 1. Education 2. Housing 3. Bills 4. Loss of a Job 5. Loss of Income Due to Divorce 6. Disability 7. And Any Other Suitable Reason as Deemed Sufficient by the Court In addition, there are specific requirements necessary for a court to consider awarding alimony in West Virginia to any spouse seeking it: 1. The Length of Marriage 2. Length of Cohabitation 3. Employment and Income for Both Spouses 4. Education and Skills of Each Spouse 5. Education History of Each Spouse 6. Property Distribution Outcome 7. Age of Both Spouses 8. Physical and Mental Health 9. Emotional Conditions for Each Spouse 10. Standard of Living During the Marriage 11. Possibility of Increasing Income Due to Education 12. Contributions to Education, Training, or Earning Potential From One Spouse to the Other 13. Educational Costs Toward Children 14. Health Care Costs 15. Tax Issues 16. Living Situation in Regards to Employment (ex: child custody, stay-at-home parent) 17. Financial Needs of Each Spouse 18. Any Relevant Legal Responsibilities 19. Mental/Physical Disability Costs 20. And Any Other Factors the Court May Address It’s important to know that just one factor out of all of these may be enough to present reasonable proof that a party deserves alimony in West Virginia. It will decide not only the need for alimony, but the amount of alimony necessary. Other stipulations may include the type of payment – installments, monthly payments, quarterly, yearly, lump-sum – and whether or not payments will be indefinite or temporary. Unlike child support, there are no enforcement orders such as wage garnishment or tax garnishment for alimony. However, any spouse with an official order for alimony to be received can petition the court for a contempt charge on the other party.
Font Size: AAA
Loading...
  • Play
  • Pause
  • Volume:
  • Mute
  • Half
  • Max
  • Alimony In West Virginia

    The Basics of Alimony in West Virginia

    In many cases, a divorce can bring out a few ‘unfair’ consequences on either spouse, which is why it’s important to consider every possible remedy to make the process as fair as possible – such as fair and equitable property distribution methods, child support, suitable child custody stipulations, and then of course, something requiring specific evidence and deliberation….

    It’s Called ‘Alimony’

    What is alimony? Specifically in the state of West Virginia, alimony in West Virginia – as in all of the other states – may differ in many ways, like terminology, requirements, and types. But the basic definition of alimony is this:

    1. It’s spousal support where one spouse makes financial payments to the other spouse for the purpose of income readjustment and financial need.

    In other words, it’s like child support, only not for any relevant children in question; rather, it’s directly related to the needs of the other spouse in the event that the divorce presents unfair financial consequences.

    Many states stipulate several kinds of alimony, too – either two possible types, or even as much as four.

    Reasons for Alimony in West Virginia

    But in regard to alimony in West Virginia, there’s only one basic kind defined by the above definition. Any other issues are simply decided in court as to the reason for the alimony, which can be any of these –

    1. Education

    2. Housing

    3. Bills

    4. Loss of a Job

    5. Loss of Income Due to Divorce

    6. Disability

    7. And Any Other Suitable Reason as Deemed Sufficient by the Court

    In addition, there are specific requirements necessary for a court to consider awarding alimony in West Virginia to any spouse seeking it:

    1. The Length of Marriage

    2. Length of Cohabitation

    3. Employment and Income for Both Spouses

    4. Education and Skills of Each Spouse

    5. Education History of Each Spouse

    6. Property Distribution Outcome

    7. Age of Both Spouses

    8. Physical and Mental Health

    9. Emotional Conditions for Each Spouse

    10. Standard of Living During the Marriage

    11. Possibility of Increasing Income Due to Education

    12. Contributions to Education, Training, or Earning Potential From One Spouse to the Other

    13. Educational Costs Toward Children

    14. Health Care Costs

    15. Tax Issues

    16. Living Situation in Regards to Employment (ex: child custody, stay-at-home parent)

    17. Financial Needs of Each Spouse

    18. Any Relevant Legal Responsibilities

    19. Mental/Physical Disability Costs

    20. And Any Other Factors the Court May Address

    It’s important to know that just one factor out of all of these may be enough to present reasonable proof that a party deserves alimony in West Virginia. It will decide not only the need for alimony, but the amount of alimony necessary.

    Other stipulations may include the type of payment – installments, monthly payments, quarterly, yearly, lump-sum – and whether or not payments will be indefinite or temporary.

    Unlike child support, there are no enforcement orders such as wage garnishment or tax garnishment for alimony. However, any spouse with an official order for alimony to be received can petition the court for a contempt charge on the other party.

    Related Articles

    Link To This Page

    Comments

    POPULAR IN DIVORCE

    Petition For Divorce Forms
    DIVORCE
    Petition For Divorce Forms
    Child Custody Forms
    DIVORCE
    Child Custody Forms
    Guide to Finding a Lawyer
    Tips