West Virginia Alimony Rules Guide

No responsible dollar estimate is available

WV sets alimony by judicial discretion; there is no statutory formula. Courts weigh the enumerated factors below.

Factors the court weighs instead

Consultation checklist: check a topic after you have gathered information or written a question about it. Checkmarks are not a score, eligibility test, or prediction. This page does not save or send your selections.

1. Length of the marriage
2. Period the parties lived together as spouses
3. Present employment income and recurring earnings
4. Income-earning abilities based on education, skills, experience, absence from the job market, and custodial responsibilities
5. Distribution of marital property and resulting ability to pay or need
6. Ages and physical, mental, and emotional condition
7. Educational qualifications and time and expense needed for training
8. Whether either party postponed economic, educational, or employment opportunities
9. Standard of living established during the marriage
10. Likelihood the recipient can substantially increase earning ability
11. Contributions to education, training, vocational skills, career, or earning capacity
12. Anticipated education and training costs for a child or adult child
13. Costs of educating minor children
14. Costs of providing health care for each party and minor children
15. Tax consequences
16. Extent income was reduced by payment of marital debts
17. Legal obligations to support another person
18. Costs and care associated with a child’s disabilities
19. Other necessary and appropriate factors
20. Fault or misconduct contributing to deterioration of the marriage

W. Va. Code §§ 48-6-301(b) and 48-8-104

Duration limits

• Permanent: Periodic support without a preset rehabilitation term, subject to the order and modification law.
• Temporary: Pendente lite support during the case.
• Rehabilitative: Limited support allowing reasonable efforts toward gainful employment.
• In gross: A fixed lump-sum class of spousal support.

W. Va. Code §§ 48-8-101 and 48-8-105

Assumptions

• This tool does not estimate a dollar amount for discretionary states: any number would be invented.
• West Virginia publishes factors and four support classes, but no statewide dollar formula. Any award must remain proportionate to ability to pay.

Official sources

• W. Va. Code article 8 — spousal support
• W. Va. Code § 48-6-301 — spousal-support factors