How is alimony determined in WV?

In deciding whether to award alimony, the court does not consider the genders of the spouses, but does weigh 20 statutory factors, which include: The length of the marriage. The age and health of the parties. Each party’s education level and ability to earn income.

Does adultery affect alimony in WV?

An alimony award also has to be fair and reasonable. West Virginia law is very clear that in fault-based divorces, the judge shall (must) take adultery into account when making alimony decisions. The judge can adjust the amount or duration of an alimony award when a spouse has committed adultery.

Is West Virginia an alimony state?

West Virginia law empowers Family Courts to determine and award Alimony, also called Spousal Support. Either spouse can be ordered to pay.

When can you get alimony in WV?

Spousal Support is available only if the spouses are living “separate and apart from each other.” If you are still living with your spouse, you can’t get Spousal Support. Even if you get a divorce while you’re living together, you cannot get Spousal Support.

What two factors is spousal support based on?

The needs of each party based on the standard of living established during the marriage. The obligations and assets of each party, including each party’s separate property.

Can you sue for alienation of affection in WV?

In 1969, the West Virginia Legislature abolished all lawsuits over alienation of affection, which basically stopped lawsuits from being filed against a priest or a counselor — or anyone — who was alleged to have come between a marriage.

Can you date while separated in West Virginia?

No. As long as the spouses consider the marriage over, do not intend to reconcile, and do not have a sexual relationship, they may seek a divorce even if they are living under the same roof. Divorce paperwork is filed in the Circuit Clerk’s office in the county courthouse.