Spousal Support / Alimony Attorney Serving North Central West Virginia

What Is Spousal Support / Alimony?

Spousal support, also known as alimony, is court-ordered financial support paid to a spouse after a divorce. Payments are typically deducted from the paying spouse’s income, but may be obtained from other property, investments, etc. West Virginia law dictates that spousal support be fair and not in excess of the paying spouse’s ability to pay. The legal team at Isner Law Office in Elkins, WV is widely recognized for providing superior legal guidance required to secure spousal payments following your divorce and services throughout the state of West Virginia. We can provide the assistance you need. Call: (304) 636-7681.

Types of Spousal Support in West Virginia

– Temporary support is awarded to allow a dependent spouse to meet financial obligations while adjusting to living on a single income during the divorce. Once the court finalizes the divorce, temporary support orders terminate.

– Rehabilitative support is typically awarded for a limited period of time after the divorce to allow the recipient to become employed.

– Permanent spousal support is available in cases where one spouse is unable to become financially independent due to circumstances out of the spouse’s control, to ensure he remains financially stable after the divorce.

– Spousal support in gross is a set amount of support, which the paying spouse pays in one lump sum or in several installments for a set number of years.

Qualifying for Spousal Support in West Virginia

West Virginia courts will evaluate the following factors before deciding the type, duration, and amount of the final award. The system is based mainly on financial calculations, which include:

– The length of the marriage

– The amount of time the spouses lived together as a married couple

– The present employment income and other earnings for each spouse

– The income-earning abilities of each spouse

– Property distribution during the divorce

– The ages and mental, physical, and emotional condition of each spouse

– The educational qualifications of each spouse

– Whether either spouse postponed economic, education, or employment opportunities during the marriage

– The marital standard of living

– The likelihood of increased income-earning abilities

– Any contribution made to the other spouse’s education, career, or earning capacity

– The expense of obtaining education/training necessary for the supported spouse to become financially independent

– The cost of education for minor children

– The costs of providing health care for each spouse and the couple’s children

– Any tax consequences to each spouse

– The extent to which it would be difficult for a supported spouse to work because of being the custodial parent

– The financial needs of each spouse

– The legal obligations of each spouse to support any other person

– Costs and care associated with a minor or adult child’s physical or mental disabilities

– Any other factors the court determines necessary in order to calculate a fair spousal support award

The law also permits judges to consider each spouse’s fault or misconduct during the marriage as a factor that led to the breakup. However, the judge must consider all the factors equally before creating a final award. Speak to Attorney Phil Isner today to get answers and legal advice about spousal support.

Can Spousal Support Be Modified or Terminated?

Either spouse can ask the court to modify or terminate spousal support if there is a substantial change of circumstances after the initial order unless the order states otherwise. A change in circumstances usually involves the loss or increase in a spouse’s income. Some ways to modify spousal support / alimony include:

1. The receiving spouse either dies or remarries.

2. There has been a considerable change in circumstances such as a job loss or major medical problem.

3. The court is shown proof that the receiving spouse is cohabitating.

4. Both parties agree to change or terminate spousal support.

Contact Isner Law Office

We Fight to Get Fair Compensation for You

If you are not sure what to do, contact Isner Law Office located in Elkins, WV right away. Our legal team is widely recognized for providing superior legal guidance and services throughout the state of West Virginia. We can provide the assistance you need to secure spousal payments following your divorce or modify existing payments. Call: (304) 636-7681.