When does the court consider alimony instead of spousal support?

In West Virginia, alimony and spousal support are both recognized forms of court-ordered financial assistance meant to help a former spouse transition into independent finances after a divorce. While both are used to provide financial assistance to a former spouse, there are some slight differences in when and how each is decided. When making a decision about spousal support, the court generally considers the length of the marriage, the earning capacities of each party, the standard of living the spouses had during the marriage, and the age and health of the former spouses. The court generally requires that spousal support be paid in regular predetermined installments, and it may also order medical assistance and insurance coverage as part of the support arrangement. Alimony, on the other hand, is usually awarded to a former spouse who is unable to support themselves financially and is awarded in addition to spousal support. Alimony may be paid periodically, one lump sum, or on an agreed-upon schedule. The court considers factors such as the length of the marriage, the earning capacity of the former spouses, the standard of living during the marriage, the age and health of the former spouses, and whether or not the former spouse receiving the alimony requires rehabilitative effort to become self-supporting. In West Virginia, the court may grant both alimony and spousal support or just one, depending on the specific circumstances of the divorce. It’s important to note that alimony is only awarded in exceptional cases, and a court would consider alimony instead of spousal support if the former spouse is unable to provide for themselves and requires additional support to become self-supporting.

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When does the court consider alimony instead of spousal support?

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