The Four Kinds of Spousal Support in West Virginia
West Virginia divides spousal support into permanent, temporary, rehabilitative and in-gross support, orders it only when the spouses are actually living separate and apart, and limits it to the payer’s ability to pay.
The four classes
Spousal support is divided into four classes: (1) permanent spousal support; (2) temporary spousal support, also known as spousal support pendente lite; (3) rehabilitative spousal support; and (4) spousal support in gross (W. Va. Code 48-8-101(b)). An obligation can arise from a court order, an antenuptial agreement or a separation agreement, and a provision whose sole purpose is the support of a spouse is treated as spousal support whether or not it is labeled so; it can be a lump sum or installments.
Living separate and apart
An award of spousal support cannot be ordered unless the parties are actually living separate and apart from each other.
How it is paid
The court may require periodic installments, a lump sum or both. Payments are ordinarily made from income, but if income is insufficient the court may, on specific findings, order payment from the corpus of the payer’s separate estate, and an award may not be disproportionate to a party’s ability to pay (48-8-103).
Pending the case
The court can order temporary relief, and may provide for maintenance of a spouse during an appeal.
Questions to bring to an attorney
Ask which class of support fits your facts and whether you meet the separate-and-apart requirement.
Next steps
See fault and the twenty factors and test numbers in the West Virginia alimony calculator.
Frequently asked questions
What are the types of spousal support in West Virginia?
Permanent, temporary (pendente lite), rehabilitative and spousal support in gross.
Can West Virginia spousal support be a lump sum?
Yes. The court may order installments, a lump sum or both.
Can the court take spousal support from separate property in West Virginia?
Only if income is not sufficient, on specific findings, from the corpus of the payer's separate estate.
Does West Virginia limit spousal support to the payer’s ability to pay?
Yes. An award may not be disproportionate to a party's ability to pay.
Can West Virginia order spousal support while spouses live together?
No. The parties must be actually living separate and apart.
Official sources
- W. Va. Code 48-8-101: general provisions regarding spousal support
- W. Va. Code 48-6-301: factors in awarding spousal support
- W. Va. Code 48-8-104: effect of fault or misconduct
- W. Va. Code 48-8-105: rehabilitative spousal support
- W. Va. Code 48-5-707: reduction or termination for de facto marriage
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited West Virginia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed West Virginia attorney.