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§48-8-101. (b) Spousal support is divided into four classes which are: (1) Permanent spousal support; (2) temporary spousal support, otherwise known as spousal support pendente lite; (3) rehabilitative spousal support; and (4) spousal support in gross.
Legal Aid of WV provides services to our clients free of charge. We will never ask for payment for our services, though there may be some costs involved in filing documents in court.
West Virginia law empowers Family Courts to determine and award Alimony, also called Spousal Support. Either spouse can be ordered to pay. Since there are many factors that may be taken into account, West Virginia alimony laws can often be difficult to understand.
Tuesday Legal Connect- 1-800-642-3617- Call on Tuesday evenings from 6 to 8 p.m. to get general legal information from voluneer lawyers of the West Virginia State Bar.
It may consider all relevant information including marital fault in determining the amount and duration of alimony. This means the needs, abilities, incomes and other factors. In order for spousal support to be awarded, partners must be living apart, ing to West Virginia Code section 48-8-101(c).
A divorce may be ordered for adultery. Adultery is the voluntary sexual intercourse of a married man or woman with a person other than the offender's wife or husband. The burden is on the party seeking the divorce to prove the alleged adultery by clear and convincing evidence.
Alimony, which is also referred to as spousal support, is the payment of financial support by one spouse to the other and can be awarded in a divorce, annulment, or separate maintenance action. However, alimony is not granted in all divorces in Virginia.
ARTICLE 5. DIVORCE. (a)(1) In the discretion of the court, an award of spousal support may be reduced or terminated upon specific written findings by the court that since the granting of a divorce and the award of spousal support a de facto marriage has existed between the spousal support payee and another person.