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Understanding Eligibility For Spousal Support After Divorce

May 1, 2023 | Divorce, Spousal Support

Spousal support is a legal term used to describe payments provided from one party to another after their divorce. Not all West Virginia divorces result in an order for spousal support. It’s usually based on one party not being able to afford to live on their own after the divorce and the other party being able to pay to help. Spousal support and child support are two different matters and are usually determined independently of one another.

Spousal support isn’t automatic

Either party can ask for spousal support as part of the divorce agreement. Sometimes called alimony, spousal support is often awarded to someone who didn’t work during the marriage and was solely supported financially by the other party. Spousal support may be ordered in monthly payments or as a lump sum.

Alimony can be temporary or permanent, depending on the person’s ability to work and provide for themselves. Rehabilitative alimony is another option where money is paid to help the other party with education or training to be able to live on their own. Spousal support is determined after the court considers many factors. The incomes of both parties, marriage length, couples’ standard of living, and other factors may help determine whether spousal support is appropriate.

Knowing when to ask for spousal support

Many people struggle financially after a divorce. Anyone in West Virginia who is going through a divorce and is concerned about changes to their financial situation can benefit from speaking with an experienced family law attorney. An attorney can provide guidance on when it’s appropriate to ask for spousal support and help with other divorce negotiations.