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

Answers:

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.


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