Rehabilitative Spousal Support – The WV Statute
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 2:34 pm
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(This is simply the WV Statute. I work with the person claiming rehabilitative alimony by preparing a “plan of economic self improvement”. This is critical where the marriage was not long enough to justify permanent alimony. We must convince the judge the person claiming is industrious and serious about getting a fresh start in shortest time possible. I send her (usually is is a her) to local colleges, vocational schools, or employers with training programs. Financial aid offices can be very helpful. The more concise details, the better!
(When I represent the potential obligor, I explain the statutes fully, and work hard to negotiate something “he” feels he can live with. Failing to reach agreement, we have an expensive trial and “throw the dice.” Where possible, I make the case for $0’s in alimony, or trade my client’s interest in a fixed value property, car, motor home, retirement, etc. j.b.h., 3-4-2012. )
Section 48-8-105 Rehabilitative spousal support
(a) The court may award rehabilitative spousal support for a limited period of time to allow the recipient spouse, through reasonable efforts, to become gainfully employed. When awarding rehabilitative spousal support, the court shall make specific findings of fact to explain the basis for the award, giving due consideration to the factors set forth in section 8-103 of this article. An award of rehabilitative spousal support is appropriate when the dependent spouse evidences a potential for self-support that could be developed through rehabilitation, training or academic study.
(b) The court may modify an award of rehabilitative spousal support if a substantial change in the circumstances under which rehabilitative spousal support was granted warrants terminating, extending or modifying the award or replacing it with an award of permanent spousal support. In determining whether a substantial change of circumstances exists which would warrant a modification of a rehabilitative spousal support award, the court may consider a reassessment of the dependent spouse’s potential work skills and the availability of a relevant job market, the dependent spouse’s age, health and skills, the dependent spouse’s ability or inability to meet the terms of the rehabilitative plan and other relevant factors as provided for in section 8-103 of this article.
This post was written by Burton Hunter