Can you tell me more about rehabilitative spousal support in West Virginia?
Full Question:
I am about to file for spousal support against my husband. As I am unemployed, one of my friends advised me to apply for rehabilitative spousal support. Can you tell me more about rehabilitative spousal support in West Virginia?
02/21/2017 |
Category: Divorce ยป Spousal Supp... |
State: West Virginia |
#32586
Answer:
W. Va. Code § 48-8-105 reads:
“Rehabilitative spousal support.
(a) The court may award rehabilitative spousal support for a limited period of time to allow the recipient spouse, through reasonable efforts, to become gainfully employed. When awarding rehabilitative spousal support, the court shall make specific findings of fact to explain the basis for the award, giving due consideration to the factors set forth in section 8-103 [§ 48-8-103] of this article. An award of rehabilitative spousal support is appropriate when the dependent spouse evidences a potential for self-support that could be developed through rehabilitation, training or academic study.
(b) The court may modify an award of rehabilitative spousal support if a substantial change in the circumstances under which rehabilitative spousal support was granted warrants terminating, extending or modifying the award or replacing it with an award of permanent spousal support. In determining whether a substantial change of circumstances exists which would warrant a modification of a rehabilitative spousal support award, the court may consider a reassessment of the dependent spouse's potential work skills and the availability of a relevant job market, the dependent spouse's age, health and skills, the dependent spouse's ability or inability to meet the terms of the rehabilitative plan and other relevant factors as provided for in section 8-103 [§ 48-8-103] of this article.”