Quick answer: West Virginia has no spousal support formula. Spousal support is divided into four classes under W. Va. Code § 48-8-101: permanent, temporary (pendente lite), rehabilitative and in gross (a lump sum or installments). It cannot be ordered unless the parties are actually living separate and apart. In deciding the amount and duration, the court considers twenty factors (§ 48-6-301), among them the length of the marriage and the period the parties lived together, each party’s income and earning ability, the distribution of marital property, ages and condition, the standard of living during the marriage, whether a party forwent economic or educational opportunities, contributions to the other’s education or career, health care and education costs, tax consequences, financial need and each party’s legal obligations. West Virginia is a fault state for spousal support: the court must consider and compare the fault or misconduct of both parties and its effect as a contributing factor to the breakdown of the marriage (§ 48-8-104). Payments are ordinarily made from income, and an award may not be disproportionate to the payer’s ability to pay (§ 48-8-103). Rehabilitative support lasts a limited time to let a spouse become employed. An order can be revised as altered circumstances require, and the court may reduce or terminate it if a de facto marriage exists between the payee and another person, on the payor’s proof by a preponderance of the evidence (§ 48-5-707).
What this calculator shows
The calculator shows a ceiling from the requesting spouse’s shortfall and the payor’s surplus, and a warning if the parties are not living apart. It does not predict an award. The classes are in the four kinds of spousal support, the factors and fault in fault and the twenty factors and rehabilitative support, modification and de facto marriage in rehabilitative support, modification and de facto marriage.
Property, child support and spousal support
The distribution of marital property is a factor in spousal support, and the court may alter a property order to give effect to a support modification. See the West Virginia property division calculator and the West Virginia child support calculator.
Spousal support across West Virginia
The statutes apply in every family court that hears divorces, from Charleston, Huntington, Morgantown, Parkersburg, Wheeling or Martinsburg.
Frequently asked questions
How is alimony calculated in West Virginia?
There is no formula. The court weighs the twenty factors in W. Va. Code 48-6-301 and must consider and compare the parties' fault.
What kinds of spousal support does West Virginia have?
Permanent, temporary (pendente lite), rehabilitative and spousal support in gross.
Does fault matter for West Virginia spousal support?
Yes. The court must consider and compare the fault or misconduct of the parties and its effect on the breakdown of the marriage.
Can West Virginia spousal support end for a new relationship?
The court may reduce or terminate it on specific written findings that a de facto marriage exists, if the payor proves it by a preponderance of the evidence.
Must spouses live apart for West Virginia spousal support?
Yes. An award cannot be ordered unless the parties are actually living separate and apart.