Can I apply for separate maintenance without divorcing?

Full question:

I want my husband to pay for separate maintenance, but I don’t wanna apply for divorce at the moment. How can I go about it, please advise? I live in West Virginia.

  • Category: Divorce
  • Subcategory: Spousal Support
  • Date:
  • State: West Virginia

Answer:

Yes, you may apply for separate maintenance in the given scenario. You need not apply for divorce for seeking separate maintenance. The relevant West Virginia law in this regard is W. Va. Code § 48-4-101, it reads:
“Where an action for separate maintenance may be brought.

An action for separate maintenance may be brought in the family court of any county where an action for divorce between the parties could be brought. An action for separate maintenance may be brought whether or not a divorce is prayed for.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, in West Virginia, you can seek spousal support, also known as separate maintenance, without filing for divorce. This allows you to receive financial support from your spouse while remaining legally married. You would need to file a separate maintenance action in family court, which can be done in any county where a divorce could be filed (W. Va. Code § 48-4-101). *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*