Securing Spousal Maintenance Or Spousal Maintenance In West Virginia
One of the biggest fears about leaving a marriage is financial. Our West Virginia divorce lawyers at Sammons Olivero & Paraschos in Huntington have more than 40 years of combined legal experience. They have helped clients in all sorts of situations and with a wide range of financial circumstances. They will work with you to make sure that your divorce leaves you with a fair and equitable distribution of the marital assets and whether you are paying or receiving, the appropriate amount of spousal support or maintenance.
The Different Types Of Spousal Support In West Virginia
Transitioning from marriage to single life can be financially difficult for many individuals. This is especially true after many years of marriage or if children are involved. If you were financially dependent on your spouse or your spouse was dependent on you, one of you may receive alimony, also called spousal support or spousal maintenance.
West Virginia has multiple types of spousal support, including:
- Temporary support, which is only available while the divorce is pending
- Rehabilitative maintenance, which provides support and time for a spouse to seek employment
- Permanent spousal maintenance, which is available when one spouse is unable to support themselves
- Spousal support in gross, which is a fixed or set amount of money that is paid to a spouse in one lump sum or installment payments
Sometimes, couples agree in advance regarding spousal maintenance in the event the couple’s marriage ends in divorce. If there is a prenuptial or postnuptial agreement, and that agreement addresses spousal maintenance, those terms will apply unless the prenuptial agreement is declared invalid for some reason. Sometimes, after a divorce, circumstances change. We also help clients who were previously divorced and who need to request a change to the support originally awarded in their decree.
Determining If A Spouse Is Eligible For Support
The court will evaluate several factors, including the age and physical condition of each spouse before awarding spousal support. Other factors that the court will consider include:
- The length of the marriage
- The employment of one or both spouses
- The income-earning abilities of each spouse
- The property distribution awarded as part of the divorce
Our divorce attorneys at Sammons Olivero & Paraschos, know and understand that this is a difficult time in your life, maybe even one of the most difficult transitions you will ever have to make. We balance empathetic support and understanding with tough and aggressive advocacy to make sure that your rights and interests are protected. Whether we are helping you to establish child support or spousal maintenance, or advocating on your behalf to determine how much you will have to pay, we want to make sure that you have a positive start to your new future.
Schedule A Confidential Consultation With A Divorce Attorney Today
Our spousal support attorneys are available for confidential initial consultations and case assessments. If you are contemplating a divorce or going through a divorce, we are here to help you understand what all of your options are and help you figure out a course of action. To schedule your confidential consultation, contact us at 304-522-7730 or send us an email through our website.