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West Virginia Spousal Support/Maintenance/Alimony Factors

In West Virginia the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Circuit Court will order support from one spouse to the other on a case-by-case basis as follows:

The following factors are considered by the court when awarding spousal support: (A) The duration of the marriage; (B) The period of time during the spouses actually cohabitated; (C) The income of the spouses; (D) The income-earning abilities of each of the parties, based upon such factors as educational background, training, employment skills, work experience, length of absence from the job market and custodial responsibilities for children; (E) The property awarded by agreement or by the court. (F) The ages and the health condition of each party; (G) The educational qualifications of each party; (H) The postponement of education to further the earning capacity of the other (I) The standard of living established while married; (J) The likelihood that the party seeking spousal support, child support or separate maintenance can substantially increase his or her income-earning abilities within a reasonable time by acquiring additional education or training; (K) Any financial or other contribution made by either party to the education, training, vocational skills, career or earning capacity of the other party; (L) The anticipated expense of obtaining the education and training; (M) The educational costs of any children; (O) health care cost for the children; (P) The tax ramifications to each party; (Q) The extent to which it would be inappropriate for a party, because said party will be the custodian of a minor child or children, to seek employment outside the home; (R) The financial need of each party; (S) The legal obligations of each party to support himself or herself and to support any other person; (T) Costs and care associated with a minor or adult child’s physical or mental disabilities; and (U) Such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable grant of spousal support, child support or separate maintenance. (West Virginia Code - Sections: 48-6-301, 48-8-104)