Can spousal support be ordered if one spouse is still legally married to their ex-spouse?

In the state of West Virginia, spousal support can be ordered even when one spouse is still legally married to their ex-spouse. This is typically known as "pendente lite" spousal support. This is a temporary support order that is in place while the divorce proceedings are underway. It is often ordered by the court as a way to ensure that both spouses are financially supported until the divorce is finalized. When it comes to spousal support, there are a variety of factors that may be taken into consideration by the court. This includes the length of the marriage, the earning capacity of both spouses, and any special financial needs of the spouse requesting support. The court also looks into the amount of assets and debts that exist between the couple. When deciding if spousal support should be ordered, the court considers the financial needs of both parties and the ability of both parties to pay. The court may also look into other factors such as the standard of living during the marriage, the age of each spouse, and any misconduct that occurred during the marriage. Ultimately, the court will have to decide if spousal support is in the best interests of both parties. If the court believes that spousal support is necessary, then they may order temporary or even permanent support based on the financial needs of both parties.

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