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West Virginia Divorce Alimony


Like the other states of US, West Virginia has provisions for awarding alimony. Alimony can be claimed by either of the spouses and can receive it if the court finds it to be just. There are various factors that may influence the decision of rewarding the alimony. In West Virginia divorce alimony is known as spousal support or maintenance. Among several factors for determining the payment of alimony, marital misconduct is the one that is intensely evaluated.

The court takes a note of the degree and depth of the marital fault that can be committed by either of the spouses. In fact, it becomes one of the unfavorable factors for granting alimony if the payee is proved to have committed any form of marital misconduct like adultery or illicit sexual relationship. You may take a look at the following factors that are mentioned in West Virginia Code of section 48-5-602, 48-6-301 and 48-8-101, 48-8-104.

Conditions for Granting West Virginia Alimony
  • The length of marital life. If there is a period of separation within the duration of the marriage life, the court does take into account.
  • The means of income of both the spouse as well as the sources of financial resources.
  • Potential increase in the income to be yearned in future by both the spouses.
  • The nature of equitable distribution of properties and also the amount to be paid as child support and any other form of financial settlement that has been agreed during and before the time of divorce.
  • The condition of the physical and mental health of the spouses as well as their age is a factor for determining West Virginia divorce alimony.
  • It is also noted whether either of the parties has sacrificed or postponed his or her career pursuits during marriage for the welfare of the family and the other spouse.
  • Another very important factor for alimony is the standard of living. If the court finds that there is a considerable disparity in the standard of living enjoyed by the spouses individually after divorce and also in the quality of life after and before the divorce, the court may grant alimony to the financially weaker spouse.
  • The cost involved in taking care of the child, especially if the child is weak and unhealthy or is suffering from any kind of mental or physical disabilities.
According to the code West Virginia Code of Section 48-5-613, the court can grant alimony in the name of the spouse that he or she had been using before the marriage. Generally, if the receiving spouse has a child from his or her first marriage, the court may award alimony to the payee resuming the former sir name on request.


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