WEST VIRGINIA Part 30

4.                  What do we need to do to get alimony?

What is Alimony?

Alimony (referred to as spousal support in West Virginia) is a payment from one spouse to the other to help the recipient spouse avoid financial hardship. Most of the time, payments come out of income. Where the paying spouse does not have enough income but has other resources – say property or investments – then a court could order payments from these other sources. In either case, alimony payments must be fair and can’t exceed a spouse’s ability to pay.

A court’s involvement in this process is not always necessary. Spouses could agree to the amount and duration of payments by completing a property settlement or separation agreement. These are contracts that tell the court how the spouses want to divide their property, care for any children of the marriage, and make alimony payments if desired. If the spouses can’t come together on these issues, however, then a court will decide for them.