A recent survey of the nation’s top divorce attorneys concludes that there is an increase in the number of divorce cases among couples over 50 years of age. Overall, 61% of divorce attorneys surveyed say they have seen an increase in divorces from couples in the baby boom generation. Additionally, alimony was cited as the most common issue couples in this generation fight about.
Alimony, in a traditional sense, is an allowance to the wife out of the husband’s earnings or income from his estate, not the marital estate itself. Alimony is an allowance resting in discretion of the Court and is therefore variable and revocable.
There is, however, a distinct difference between a spousal support award and a monetary award. Spousal support arises from a legal duty flowing from one spouse to the other because of the marital relationship whereas a monetary award arises from an adjustment in rights and interests of the parties in the marital property.
Alimony stems from the common law right of the wife to support by her husband. Such a right, unless forfeited by misconduct, continues to exist for the wife even after the couple separate.
West Virginia law provides that the Court, upon ordering a divorce, may require payments to third parties in the form of home loan installments, land contract payments, rent, property taxes, and insurance coverage if the amount of such coverage is reduced to a fixed amount. A factor that must be considered in awarding alimony is the distribution of marital property to be made under the terms of a separation agreement or by the Court.
Typically, where the wife receives the divorce based on proof of a fault against her husband and she has no independent income or only a meager income when compare with her husband, the wife is entitled to some award of alimony.
Divorce is a trying time for any family. Divorce matters with many assets can be complicated and difficult to conclude. The attorneys at the Manchin Injury Law Group understand how trying a divorce can be for an individual and are here to help you protect your interests when going through a divorce.
Attorney Timothy Manchin established the Manchin Injury Law Group in 2011 after his law partner of more than 25 years became a West Virginia circuit court judge. His focus is on helping individual clients and entire families victimized by negligent acts.
We offer a free initial consultation at our office in the Manchin Professional Building — our home since 1983 — conveniently located in Fairmont.
If you are unable to visit our firm, we can come to your home or hospital room.
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