Charleston Spousal Support Attorneys

When is Alimony Granted in West Virginia?

In West Virginia, spousal support, or alimony, is the payment one spouse makes to the other during or after their divorce. These payments are court-ordered and are required on a regular basis until terminated or altered. If you wish to seek alimony from your spouse, or if you have been asked to pay alimony, make sure you know everything you need to about the legal process.

There are four different types of spousal support:

• Temporary Spousal Support – is granted during the divorce to help take care of immediate expenses
• Permanent Spousal Support – is lasting and can only be changed by a court order
• Rehabilitative Spousal Support – is granted when the lesser-earning spouse needs financial help as he or she trains or studies in order to return to the workforce or to increase his or her earning abilities
• Spousal Support in Gross – which means the total amount of alimony is ordered and set to be paid over a specific period of time or as a lump sum

Call (304) 345-7250 for a consultation with our Charleston, WV alimony lawyer.

Determining Alimony Payments in West Virginia

Spousal support can be ordered for several reasons, and there are many factors the court will consider before requesting a specific amount. Or, if you wish to handle your divorce outside of court, usually through mediation, you and your spouse may come to your own agreement about how alimony will work and what payment amount will be appropriate.

If the court awards alimony, the judge will consider the following factors:

• The length of the marriage
• Each spouse’s income
• The earning capacity of each spouse (factors in education, job skills, work experience, etc.)
• The age and health of each spouse
• The marital standard of living
• Whether or not a spouse sacrificed job or education opportunities during the union
• Whether or not one spouse contributed to the education or career of the other
• The financial needs of each spouse
• Any other legal obligations of either spouse
• The cost of care for any children of the marriage with special disabilities

The court will also consider how the marital property was divided in the divorce, as this may influence how much support should be awarded. Additionally, the court will consider how much it would cost for the lesser-earning spouse to receive an education to further his or her earning capacity. The judge will also factor in outside influences, such as tax consequences of alimony payments, the cost of healthcare, the children’s education, and so on. Also, if there were minor children from the marriage and one spouse stays home to care for the children, the court will consider whether or not the parent can feasibly work.

If the marriage ended because of any type of domestic violence, adultery, or criminal activity occurred, the “guilty” party’s actions can also play a role in the court’s decision about alimony payments. In other words, the abused or wronged spouse could potentially receive more compensation.

Spousal Support in West Virginia: Frequently Asked Questions

1. What exactly is spousal support under West Virginia law?

In West Virginia, spousal support, historically known as alimony, refers to court-ordered financial payments from one former spouse to another. Its primary legal purpose is to prevent a lower-earning spouse from experiencing undue financial hardship following a divorce. The payments are intended to provide for the maintenance and basic needs of the recipient while they transition to post-married life.

2. What are the four specific types of support available?

West Virginia statutes recognize four distinct classes: temporary, rehabilitative, permanent, and in gross. Temporary support covers expenses during the divorce process. Rehabilitative support helps a spouse gain skills for employment. Permanent support provides long-term assistance, usually in lengthy marriages. Finally, support in gross consists of a specific total amount that can be paid as a single lump sum.

3. How does the court determine the amount of payments?

Unlike child support, West Virginia does not utilize a rigid mathematical formula for alimony. Instead, judges possess broad discretion to evaluate the specific facts of each case. The court primarily focuses on balancing the financial needs of the requesting spouse against the paying spouse’s actual ability to provide support, ensuring that the final award remains fair and equitable for both.

4. What primary factors influence a judge’s final decision?

Judges must consider twenty statutory factors, including the length of the marriage and time lived together. They also examine current income, future earning capacity, educational backgrounds, and any career sacrifices made by either party. Additionally, the court reviews the established marital standard of living, the distribution of marital property, health insurance costs, and the tax consequences of the proposed support award.

5. Can marital misconduct affect the alimony award?

Yes. Unlike property division, which is generally handled without regard to fault, West Virginia law allows judges to consider marital misconduct when determining spousal support. If one party committed adultery, cruelty, or other serious offenses that led to the marriage’s end, the judge may increase or decrease the award amount. However, misconduct is only one factor among many financial considerations.

6. Is spousal support always awarded in every divorce?

No, spousal support is not an automatic right in West Virginia. If both spouses have similar incomes or if the marriage was very short, a judge may decide that no support is necessary. The requesting spouse must demonstrate a genuine financial need, and the other spouse must have the resources to pay. Many modern couples now waive alimony entirely.

7. What is rehabilitative support, and how does it work?

Rehabilitative support is the most common form awarded today. It is intended for a spouse who was formerly dependent but has the potential to become self-sufficient. This limited-duration award provides the recipient with the funds necessary to pursue vocational training, college degrees, or professional certifications. It essentially acts as a financial bridge until the recipient can successfully re-enter the workforce.

8. When is permanent spousal support typically granted?

Permanent support is generally reserved for long-term marriages where the dependent spouse is unlikely to achieve financial independence. This often occurs when a spouse is older, has been out of the workforce for decades, or suffers from a medical disability. While called “permanent,” these payments usually end upon the death of either party or the remarriage of the recipient.

9. Can an existing support order be modified later?

Yes, unless the original divorce decree explicitly states otherwise, spousal support remains modifiable. Either party can petition the court for a change if they can prove a “substantial change in circumstances.” Common reasons for modification include a significant loss of income for the payer, a major medical emergency, or a substantial increase in the recipient spouse’s personal earning power.

10. Does cohabitation impact the right to receive support?

In West Virginia, a “de facto marriage” can be grounds for reducing or terminating support. If the recipient lives with a partner in a marriage-like relationship, the paying spouse can request a review. The court will examine whether the couple shares expenses, holds joint bank accounts, or behaves like a married unit. However, rehabilitative and in-gross awards are unaffected.

11. When do spousal support obligations officially end?

Most periodic support obligations terminate automatically upon the death of either spouse or the remarriage of the recipient. For rehabilitative support, the payments end once the specified time period or educational goal is reached. It is important to note that spousal support in gross is a vested right; therefore, it must be paid in full regardless of remarriage.

12. How are taxes handled for spousal support payments?

For divorces finalized after January 1, 2019, federal tax laws changed significantly. Under current IRS rules, spousal support payments are no longer tax-deductible for the payer, and they are not considered taxable income for the recipient. This shift often makes support more expensive for the person paying, a factor that West Virginia judges consider during the initial calculation.

Let Our Family Attorney Help You

Going through a divorce is no easy feat, especially when it comes to handling the financial outcome. Separating your finances and living off of a single income can be extremely challenging, especially if you and your spouse have different earning capacities.

The divorce process in West Virginia is complicated and challenging, especially when dealing with spousal support orders. Whether you are asking for payments or are being asked to pay, the process can be difficult and confusing if you don’t have an experienced family lawyer on your side. Our skilled attorneys at Pence Law Firm, PLLC have ample experience in West Virginia divorces and we understand the laws that govern our local courts. If you need help working through spousal support during your divorce, asking for a temporary support order, or modifying an existing support order, we can help you.