Alimony Attorney Charleston, WV
Charleston Alimony Lawyers
Alimony, referred to as “spousal support” in West Virginia, is a court-ordered obligation in which one spouse must pay another (in installments or a lump sum) after a divorce. The courts may award alimony when one spouse has an unfair economic deficit – for example, if one spouse works as a stay-at-home parent while the other has a professional career. Alimony awards are permanent or temporary for rehabilitative purpose, depending on the situation. At Johnson Law Office, we can help you understand alimony and fight for your rights in the Charleston family courts. Our team has years of experience in this practice area.
How Does an Alimony Award Work?
To receive alimony, one spouse must show he/she is suffering an unfair economic effect of the dissolution of marriage. The spouse must prove he/she is a lower-wage-earning or non-waging-earning party that needs continued support from the other spouse. The courts will typically award alimony to a spouse who sacrificed opportunities for the family – such as a parent who did not go to school or start a career but instead supported the family from home. In these situations, a special award is needed to assist with living expenses.
When this happens, the spouse may need alimony payments until he/she can develop job skills and earn a living. In other cases, the courts may award alimony so one spouse can maintain the standard of living he or she had during the marriage. The courts look at a variety of factors to determine the need for spousal support including a twenty-factor test. Awards will vary depending on the jurisdiction and judge hearing the case. If a petition for modification is filed by one of the parties, the courts will revisit the case and assess whether to continue payments.
The courts look at income levels, marriage length, physical condition, emotional state, education, job training, standards of living, and the ability of one spouse to support the other when determining alimony awards. Johnson Law Office can help during these court cases and argue your case either for or against alimony payments. Contact us today for a consultation.