If you or your spouse earns significantly more than the other, spousal support — called alimony — may be part of your divorce. West Virginia courts have broad discretion in deciding whether to award it, how much, and for how long.
What Is Alimony in WV?
Alimony is money paid by one ex-spouse to the other after divorce. Either spouse may request it — it is not limited by gender. The court must find that one spouse needs support and the other has the ability to pay.
Is There a Formula?
No. Unlike child support, West Virginia has no mathematical formula for alimony. The Family Court judge weighs multiple factors using their discretion, making this one of the most fact-specific issues in any WV divorce.
Factors the Court Considers
- Length of the marriage
- Each spouse’s income and earning capacity
- Future earning ability (education, job history)
- Time out of the workforce to care for children or the home
- Standard of living established during the marriage
- Age, physical health, and emotional condition of each spouse
- Financial needs and resources of each spouse
- Non-financial contributions: homemaking, childraising
- Whether either spouse dissipated marital assets
Types of Alimony in West Virginia
Temporary Alimony (Pendente Lite)
Support paid while the divorce is pending to maintain the financial status quo. Ends when the divorce is finalized.
Rehabilitative Alimony
Most common type. Paid for a limited period while the receiving spouse completes education, training, or re-enters the workforce to become self-supporting.
Permanent Alimony
Awarded in long-term marriages or when a spouse cannot become financially self-sufficient due to age, disability, or other circumstances. Terminates on remarriage or death; can be modified if circumstances change.
Can Alimony Be Modified?
Yes — either party can request a modification if there is a substantial change in circumstances, such as job loss, significant income change, major health change, or the receiving spouse cohabiting with a partner in a marriage-like relationship.
Tax Considerations
For divorce agreements finalized after December 31, 2018: alimony is not tax-deductible for the paying spouse and not taxable income for the receiving spouse. Consult a tax advisor alongside your divorce attorney.
Resources
- WV Code § 48-6 — Spousal Support
- How Is Alimony Calculated in WV? — Klie Law
- Legal Aid of West Virginia
This page is for informational purposes only and does not constitute legal advice.