Alimony: The Particulars
Published to: 000114, 000116, A Small Town Lawyer's Perspective, Perspectives of a Small Town Lawyer, West Virginia Lawyer - Tips and Techniques
on March 6, 2011 2:09 pm
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I posted an article about alimony, or spousal support, August 9, 2010.
You may recall that there are several forms of alimony:
a. Temporary spousal support, while the divorce is pending.
b. Rehabilitative spousal support, designed to allow a disadvantaged spouse to get back on his/her feet. This often covers a period for that spouse to obtain a two year or four year degree or recertification for a previous employment.
c. Permanent Alimony. See the Molnar case in my August 9 post.
d. Variations include a lump sum payment or trade for a share of marital property in excess of 50% and specific payments for a fixed period with a stipulation the Court does not have jurisdiction to modify it in amount or time.
e. The order needs to specify whether will be spousal support will be a charge against the estate of the obligor. That is, if the person paying alimony has agreed that his former spouse’s alimony claim can be a charge against his estate, after he dies, the order needs to say so.
f. My next three posts will be the three WV statutes that define the law of alimony. There are many WV Supreme Court of Appeal cases that define it in detail. Longer term alimony is determined by an analysis of 20 factors, age, relative incomes, education, health, length of marriage, lifestyle of the parties before separation, and relative fault in the breakup of the marriage.
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This post was written by Burton Hunter