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There are four kinds of alimony in West Virginia: In many states, the judge decides the amount and duration of alimony by applying the facts of the case to a list of factors written into state law. The West Virginia Legislature has given judges a lot of discretion to make decisions about alimony, and has not restricted them to a specific list of factors that have to be considered.

Before a court will grant you a divorce, you've got to present a valid reason why your marriage should end.

This reason is considered your "grounds" for divorce.

If you or your spouse has committed adultery during your marriage and you’re anticipating a divorce, one of the best things you can do to make this difficult time a little bit easier is to familiarize yourself with your legal rights and responsibilities.

This article will explain the possible impact of adultery on on the divorce process in West Virginia and a court will consider adultery when making decisions about alimony.

In some states, called “no-fault” states, you don’t need to provide any specific reason for why you want to get divorced.

It’s enough to tell the judge that your marriage is so badly broken that it can’t be fixed.Likewise, if your spouse filed for divorce, you can amend your answering pleadings to include these grounds.If you live in one of the 19 states that does not recognize fault grounds, however, you don't have this option.One important restriction on alimony awards in West Virginia is that a judge can’t order anyone to pay alimony if the spouses are still living together.They have to be living “separate and apart” (meaning, living in separate residences and no longer behaving like a husband and wife) or else the court can’t order alimony.It’s important to discuss your strategy with a family law attorney before making any final decisions.

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