Divorce Alimony in West Virginia

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Factors considered by court in Divorce West Virginia Alimony

• Expenditure and care related to a dependent's or minor child's mental or physical disabilities
• Legal obligations of every partner to support self as well as support any other person
• The economical requirements of every spouse
• If a spouse is the custodian of minor children, then the degree up to which it is not correct that this spouse should find a job outside the residence
• The tax ramifications for each spouse due to the award of alimony
• The expenses related to health care of each of the spouses as well as their minor children
• The expenditure of education of minor children
• The estimated costs of undergoing education or training essential to raise the income earning capacity considerably
• Any sort of input, inclusive of financial contributions, made by either party to the education, training, earning capacity, career or vocational skills of the other party
• The standard of living experienced in marital life
• During the course of marital life, has any of the partners postponed or foregone employment chances or education opportunities
• The educational levels of both spouses
• The emotional conditions, mental states, physical states and ages of both partners
• How has the distribution of marital property taken place during the divorce proceedings? How has this impacted the earnings of the partners? How has it affected the requirement of the spouses to receive spousal support or disburse alimony?
• The abilities of the spouses to earn income
• The current employment income of the spouses along with the other recurring earnings
• During the marital life, for exactly what duration did the spouses actually reside together as husband and wife?
• The duration of marital life
• Any other factor that the court thinks is relevant

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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