Add Drop-down Field To Legal West Virginia Alimony Forms For Free

West Virginia law is very clear that in fault-based divorces, the judge shall (must) take adultery into account when making alimony decisions. The judge can adjust the amount or duration of an alimony award when a spouse has committed adultery.

Before a few years ago, the law was such that the person who paid alimony would receive a tax deduction and the person who received alimony would have to pay taxes on the alimony. The law has since changed on a federal level and not the person who is the payer spouse no longer gets a deduction for the alimony.

West Virginia courts base whether or not to award spousal support, as well as the amount of the support, based on a specific set of criteria. The system is not based on a merit/punishment system, but mainly financial calculations, which include: Length of Marriage. Time Spouses Lived Together.

Financial situation ? the judge will look at how much money you need to support yourself and how much income you currently have. The judge will also consider your spouse's financial situation and how much income your spouse would have available to pay Spousal Support.

§48-8-103. (a) Upon ordering a divorce or granting a decree of separate maintenance, the court may require either party to pay spousal support in the form of periodic installments, or a lump sum, or both, for the maintenance of the other party.

Paying Spousal Support Courts can require a supporting spouse to pay in periodic or lump sum payments, or both. Typically, spousal support payments are made from a spouse's income, but if the income isn't enough to cover the support award, the court may require a spouse to transfer the title of separate property.