Logan County, WV, Divorce Lawyer

It bears noting that defining property as marital does not depend on how often each spouse uses the property. It only matters when the property is acquired. If it was after the wedding date, it would likely be considered marital property. 

Separate property, on the other hand, encompasses assets that are not considered part of the marital estate. These assets are typically acquired by one spouse before the marriage, or through gifts or an inheritance. It’s possible a personal injury settlement may be considered separate property. 

Separate property remains with the original owner and is not subject to division in a divorce. Marital property will be subject to West Virginia law on equitable distribution. 

How Equitable Distribution Works

West Virginia follows the principle of equitable distribution when dividing marital assets during a divorce. The goal of equitable distribution is to ensure a fair division of assets based on the unique circumstances of each case. 

It is important to note that equitable distribution does not always result in a 50/50 split, as the court takes into account the specific facts and circumstances of the case.

Any time there’s subjectivity involved—such as a judge potentially deciding what is fair in a property settlement—it’s imperative that your case be presented with as much clarity as possible. Kuenzel Law, PLLC has extensive experience in these cases, and we know what it takes to make a compelling argument on your behalf. 

We should further point out that the issue of fault has no bearing on how property is divided. While issues that range from addiction to infidelity may end up being pertinent in child custody, they do not impact the property division. 

Call our Logan County divorce attorney at (304) 427-5706 for legal guidance in your settlement.

Spousal Support

When spouses share a life together, they become accustomed to a certain standard of living. Oftentimes, that happens because one spouse earned a larger income while the other spouse did work that didn’t necessarily offer compensation but was no less important to the marriage. Prominent examples include raising children and caring for elderly parents. 

The state of West Virginia views both contributions equally and requires that spousal support be paid to allow the lower-earning spouse to continue in the same standard of living that existed during the marriage. Or, at the very least, to ensure that both spouses share equally in any decline in living standards.

Spousal support exists in four different forms: 

• Permanent: This is awarded when one spouse has a significantly lower earning capacity or is unable to become self-supporting due to factors such as age, health, or other circumstances. 
• Temporary: Awarded during the divorce process itself. this is meant to provide financial assistance until the divorce is finalized and a final determination regarding spousal support is made. 
• Rehabilitative: This is generally awarded when the recipient spouse requires education, training, or support to acquire the skills necessary to obtain suitable employment and become self-sufficient. 
• in Gross: Spousal support in gross involves a specific sum of money awarded to the dependent spouse as a one-time payment or in installments. 

The type of support involved and the amount will be dependent on the unique circumstances of each individual case.