Divorce Alimony in West Virginia
Factors considered by court in Divorce West Virginia Alimony
The court takes into account and compares the misconduct or fault of either or both partners in marital life. The court also thinks whether this misconduct or fault has made any inputs to deteriorate the marital relation.
Lump Sum Divorce West Virginia Alimony
Lump sum alimony payment means that the payer spouse disburses an amount of money that is equal to the total amount of future monthly payments. If a spouse accepts lump sum alimony, he/she would have to deal with tax ramifications. The recipient of lump sum alimony may be subjected to taxes for the entire amount for that year. If the same payment is termed as a settlement, then there would be no tax.
Some states in the United States permit lump sum divorce alimony. West Virginia is one of them. The Code 48-2-15 of this state mentions this permission.
Recent changes in West Virginia Alimony
In 1969, the lawmakers in this state passed a crucial modification in the law of alimony. They redefined alimony as "support or maintenance to be paid by a spouse." In the past, it was defined as to be paid by a husband to a wife. However, this modification failed to address an inequitable distribution of marital property.
This revision proved that the state was responding to the divorce reform in other states, Women's Reform Movement and the new climate for Women's Rights.
Justice Richard Neely stated that it was a fact the norms of society are quickly altering regarding the role of women in labor force. However, it was also a fact that a large number of women in this state opt to be content as wives and mothers.
While awarding alimony, the trial court was entitled to consider the extent to which the wife has relied to her detriment by opting to be mother and housewife instead of moving ahead on her own independent course.
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