Quick answer: West Virginia is an equitable distribution state with a presumption of equal division. Under W. Va. Code §§ 48-7-101 and 48-7-103 the court divides the marital property equally and, absent a valid agreement, presumes that all marital property is to be divided equally, but may alter the division, without regard to fault except for its economic consequences, after considering: each party’s monetary contributions to acquiring, preserving, maintaining or increasing the marital property, including earnings and separate funds; nonmonetary contributions, such as homemaker and child care services, unpaid work in a family business, labor on tangible property and management of assets; the extent to which each party limited or increased the other’s income-earning ability, including by contributing to the other’s education or forgoing work; and any dissipation or depreciation of the marital property. Marital property is all property and earnings acquired by either spouse during the marriage, whatever the form of ownership, plus increases in separate property from marital funds or the work of either party (§ 48-1-233); separate property includes property acquired before the marriage or after separation, in exchange for separate property, by gift, bequest, devise, descent or distribution, by valid agreement, and passive increases in its value (§ 48-1-237). The court prefers to equalize through periodic or lump sum payments, and gives preference to retaining gifted or inherited property and business interests (§ 48-7-105).
What the West Virginia statutes say
- Equal division is the starting point, and departures turn on contribution and dissipation factors.
- Fault is excluded from the property division except for the economic consequences of conduct.
- Gifts, inheritances and business interests are generally kept by their holders.
How the calculator works
You enter the marital property and debts each spouse holds and each spouse’s separate property, which is left out of the division. The calculator adds up the net marital property, starts at the presumed equal share and shows the payment between the spouses; you can move the slider to test a departure. The reasoning is in the equal division presumption in West Virginia, marital and separate property in West Virginia and contributions, dissipation and business interests.
Property and spousal support
The distribution of marital property is a spousal support factor. See the West Virginia alimony calculator.
Property division across West Virginia
The statutes apply in every family court that hears divorces, from Charleston, Huntington, Morgantown, Parkersburg, Wheeling or Martinsburg.
Frequently asked questions
Is West Virginia a community property state?
No. It is an equitable distribution state with a presumption that marital property is divided equally.
Does West Virginia split property 50/50 in a divorce?
That is the presumption; the court may depart from it after considering contributions, earning-ability effects and dissipation.
Does fault matter in West Virginia property division?
No, except for the economic consequences of conduct such as dissipation.
Is an inheritance divided in a West Virginia divorce?
No. Property acquired by gift, bequest, devise, descent or distribution is separate, and the court prefers that its owner keep it.
Can separate property become marital in West Virginia?
An increase in its value that results from marital funds or the work of either spouse is marital property.