Am I entitled to alimony?

My husband and I are having marital issues and he says he’s consulted a divorce attorney. We have a special needs child and I work outside the home and receive funds through a program run by our state for care of our child. He says I am not entitled to alimony because of this. Can’t really afford an attorney of my own and want to protect my rights as well as our son.

Asked on September 4, 2012 under Family Law, West Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Alimony or spousal support is determined by the court based upon upon the needs of one spouse to live based upon a disparity of income between the two separated spouses. The court looks at the net monthly income of the two former spouses, what each does, the education of each and the ability of one or the other to get employment that pays a good wage.

I suggest that you consult with your local county bar association and/or legal aid clinic to see if there is a program to assist you with your needs and inquiries.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.