Morgantown Alimony Lawyer
Protecting Your Financial Future
Alimony, also known as spousal support, is a court-ordered payment that one spouse makes to the other after a divorce. The purpose of alimony is to help the lower-earning spouse maintain the same standard of living they enjoyed during the marriage. Alimony can be temporary or permanent, depending on the circumstances of the case.
Whether you are seeking alimony or are being asked to pay it, you need an experienced attorney on your side. At Rollo Law Offices, we have been helping clients with their alimony matters for over 30 years. We understand the complexities of Morgantown alimony law and can help you make well-informed decisions about your case.
For skilled legal representation in your alimony case, call (304) 449-3504 or contact us online today. We offer free initial consultations.
How Is Alimony Determined in West Virginia?
West Virginia courts have broad discretion when it comes to determining alimony. There is no specific formula for calculating alimony, and judges consider a variety of factors when making their decision.
Some of the factors that may be considered include:
- The length of the marriage
- The financial resources of each spouse
- The age and health of each spouse
- The earning capacity of each spouse
- The standard of living during the marriage
- The contributions of each spouse to the marriage
- The education and training of each spouse
- The tax consequences of alimony
- Any other factors the court deems relevant
West Virginia courts are not required to consider marital misconduct when determining alimony. However, if the misconduct has had a financial impact on the marriage, it may be considered.
Types of Alimony in West Virginia
West Virginia recognizes several different types of alimony, including temporary, rehabilitative, and permanent alimony.
Temporary alimony is awarded to a spouse during the divorce proceedings. It is intended to help the lower-earning spouse maintain their standard of living while the divorce is pending. Temporary alimony ends when the divorce is finalized.
Rehabilitative alimony is awarded to a spouse who needs financial support while they gain the education or training necessary to become self-supporting. The spouse receiving rehabilitative alimony must have a specific plan for becoming self-supporting, and the alimony will end when that goal is achieved.
Permanent alimony is awarded to a spouse who is unable to become self-supporting due to age, disability, or other factors. Permanent alimony continues until the recipient spouse dies or remarries.
Can Alimony Be Modified in West Virginia?
Alimony orders are not set in stone. If there has been a substantial change in circumstances, either spouse can ask the court to modify the alimony order.
Some of the reasons a court may modify an alimony order include:
- The recipient spouse has remarried or is now living with a new partner
- The recipient spouse has experienced a significant increase in income
- The paying spouse has experienced a significant decrease in income
- The recipient spouse has experienced a significant decrease in need
- The paying spouse has experienced a significant increase in need
- The recipient spouse has experienced a significant increase in need
- The paying spouse has experienced a significant decrease in need
Alimony orders can also be modified if the paying spouse has been convicted of a crime. In some cases, a court may even terminate an alimony order if the paying spouse has been convicted of a crime that has had a significant financial impact on the recipient spouse.
Can Alimony Be Terminated in West Virginia?
Alimony orders are not permanent. In West Virginia, alimony automatically terminates when the recipient spouse remarries or dies. Alimony can also be terminated if the recipient spouse is now living with a new partner and is in a supportive relationship.
As mentioned above, alimony can also be terminated if there has been a substantial change in circumstances. For example, if the recipient spouse has experienced a significant increase in income, the paying spouse may be able to ask the court to terminate the alimony order.