Jefferson County, West Virginia, Family Law Blog

While people in West Virginia might not be big fans of debt, it might be difficult to find a person who does not have at least one credit card in his or her name. However, having a credit card does not mean that a person has a lot of debt. Indeed, many people use credit cards wisely to take advantage of point reward programs. While this might be advantageous, problems can arise during divorce. How does one even begin to split a credit card rewards point?

First, couples should determine whether the rewards points are separate or marital property. If a person opened a credit card before marriage and earned reward points exclusively before walking down the aisle, then these points are likely separate property. However, points earned after the marriage would be marital property. Even if one person opens up a solo credit card account in his or her name only, points earned during the marriage are generally still considered marital property.

Effectively co-parenting after divorce can be difficult but worthwhile for parents and children alike. However, working together with an ex-spouse is not always as easy it may seem. West Virginia parents who are considering co-parenting or wondering if they need to modify their child custody agreement should keep some of the following in mind.

Maintaining consistent rules and boundaries across both parents' households is a common feature of co-parenting. This might seem like a good idea until one parent is tired or does not want to upset the children, and gives in. While this should generally be avoided, life does happen, and parents should be ready to address these issues in a respectful manner.

The month of January usually sees higher rates of divorce than any other time of year. While this spike in filings is normal, the resulting divorce processes might not be. Recent changes to the tax law will affect how West Virginia couples handle things like property division, alimony and other issues.

Although the new tax law passed back in Dec. 2017, many of the rules have been rolled out slowly. The new rule regarding alimony went into effect on Jan. 1, 2019 and will probably significantly change people's expectations of spousal support. In the past, the person paying spousal support could deduct the amount on their taxes, so there was an incentive to pay enough to possibly drop the person into a lower tax bracket. That deduction is now gone, meaning that not only did the incentive disappear but some people may not be able to afford hefty monthly payments.

Divorce is not the only option for unhappy couples in West Virginia who are ready to end their relationships. If you and your spouse want to separate but remain legally married, you have the option to do so. The act of separate maintenance has many benefits and can also simplify the divorce process should you later on decide that you are ready to end things for good. 

Separate maintenance is, in many ways, quite similar to divorce. This legal separation will have you living what is basically a divorced life while remaining legally married. You will still have to address many of the same issues, particularly if you plan to maintain separate residences. Common topics you should expect to handle include: 

• Child support and custody 
• Alimony 
• Asset division 
• Potential grandparents' rights