What are the types of alimony in West Virginia?

On Behalf of | Jun 6, 2022 | Divorce |

Regardless of your sex, there is a chance you could receive alimony in West Virginia when you go through a divorce. Your financial situation and role in the household influence whether you could get spousal support.

Spousal support in gross

Spousal support in gross is a set amount that your spouse either pays to you as a lump sum or over a set period. The most common payment frequency is monthly until they have finished paying the gross sum.

Temporary

In West Virginia, temporary alimony is only for meeting your financial needs throughout the divorce process. Upon finalization of the divorce, temporary alimony ends. You could, however, still receive a new type of alimony after the divorce if the judge orders it or if you have a legal agreement with your spouse. Prenuptial agreements, postnuptial agreements and divorce settlements could include clauses for how much alimony you’ll receive.

Permanent

You could qualify for permanent alimony if you are unable to become financially independent because of circumstances that you don’t have control over. Serious health issues that prevent you from working may qualify you for permanent alimony.

Rehabilitative

Rehabilitative spousal support helps you get back on your feet after a long period of unemployment or sacrificing your own career advancement for your spouse. People who were stay-at-home-parents often receive rehabilitative alimony long enough for them to acquire the education, skills and training that they need to enter the workforce.

Additional eligibility requirements

You must be living separately from your spouse to qualify for alimony in West Virginia. Misconduct during the marriage influences a judge’s decision on spousal support as well. The length of the marriage, and the ability of your spouse to pay spousal support, are other key factors in a judge’s decision.

West Virginia doesn’t order alimony in all divorce cases, but it does in many in which one spouse needs financial assistance to get back into the workplace. Other factors also influence a decision on spousal support.

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