Spousal Support

We can explain your rights and options as you navigate your post-divorce finances

The experienced family law attorneys at Klie Law Offices have worked with many West Virginia families in complex divorce and separation cases. We know the rules that apply to spousal support in West Virginia and how to make sure your rights – and your future – are protected. Contact us today.

The types of spousal support available in West Virginia

West Virginia law allows for spousal support in both divorce and legal separation (separate maintenance) cases. There are four types of spousal support:

Temporary spousal support is paid while the divorce or separation is pending to help one spouse adjust to living on a single income. This ends when the divorce or separation is finalized.

Rehabilitative spousal support is the most common type of spousal support in West Virginia. Rehabilitative support is intended to help a formerly dependent spouse to become financially independent. For instance, if one spouse stayed at home with the kids for several years, they may need time to improve their job skills and re-enter the job market. The court awards rehabilitative support for a limited period to give them breathing room to seek employment.

Permanent spousal support is awarded in cases where a dependent spouse is unable to become financially independent because of circumstances out of their control. For instance, permanent support is often awarded when one spouse is disabled and unable to work.

Spousal support in gross is a set amount ordered by the court to compensate one spouse for financial sacrifices they made during the marriage. This may be paid in a lump sum or installments; the important thing is that there is a fixed dollar figure that must be paid to satisfy the order.

Note that spousal support is only available if you are living separately and apart from each other. If you still live together, you can’t get spousal support, even after the divorce is finalized.

What factors affect spousal support in West Virginia?

• How long you were married – the longer the marriage, the more likely that the court will award spousal support.
• Each spouse’s income and overall financial situation. The bigger the difference in income, the more likely spousal support will be ordered to even out that difference.
• Your and your spouse’s age and health.
• Your and your spouse’s education level and ability to earn income.
• The standard of living you maintained during the marriage.
• Which spouse was the primary custodian of the children during the marriage.

Unlike child support, there is no specific formula to determine spousal support. It’s all up to the discretion of the family court. Also unlike child support, family courts can consider misconduct during the marriage (such as infidelity) when determining spousal support.

In addition, if you have a valid prenuptial or postnuptial agreement that contains a stipulation for alimony, that agreement will normally be honored unless the court determines otherwise.