This is an agreement in which Spouse A (the spouse who is ordered by the court to make alimony and/or child support payments to Spouse B) must put assets (the principal) in a trust, from which the payments are made to Spouse B.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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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.
It may consider all relevant information including marital fault in determining the amount and duration of alimony. This means the needs, abilities, incomes and other factors. In order for spousal support to be awarded, partners must be living apart, ing to West Virginia Code section 48-8-101(c).
Equal division of marital property. Except as otherwise provided in this section, upon every judgment of annulment, divorce or separation, the court shall divide the marital property of the parties equally between the parties.
Here in West Virginia, there are four classes of alimony: Permanent spousal support ? This is an award of support for the lifetime of the recipient. Temporary spousal support, or pendente lite ? This support order is in force during the divorce process and lasts until the court issues a final divorce decree.
§48-8-101. (b) Spousal support is divided into four classes which are: (1) Permanent spousal support; (2) temporary spousal support, otherwise known as spousal support pendente lite; (3) rehabilitative spousal support; and (4) spousal support in gross.
ARTICLE 5. DIVORCE. (a)(1) In the discretion of the court, an award of spousal support may be reduced or terminated upon specific written findings by the court that since the granting of a divorce and the award of spousal support a de facto marriage has existed between the spousal support payee and another person.
A divorce may be ordered for adultery. Adultery is the voluntary sexual intercourse of a married man or woman with a person other than the offender's wife or husband. The burden is on the party seeking the divorce to prove the alleged adultery by clear and convincing evidence.
Modification or Termination of Spousal Support Unless the order states otherwise, either spouse can ask the court to modify or terminate spousal support if there is a substantial change of circumstances after the initial order. A change in circumstances usually involves the loss or increase in a spouse's income.
