West Virginia Alimony Estimator
Note: This estimate uses the standard 30/20 guideline often used for temporary support and as a baseline in West Virginia courts.
How West Virginia Alimony is Calculated
In West Virginia, alimony is officially referred to as "spousal support." Unlike some states that use a rigid mathematical formula for final orders, West Virginia judges have significant discretion. However, for Temporary Spousal Support (pendente lite), courts often utilize a specific calculation: 30% of the payor's gross monthly income minus 20% of the payee's gross monthly income.
For permanent or long-term support, West Virginia Code ยง48-8-103 mandates that judges consider 20 distinct factors, including the duration of the marriage, the distribution of property, the earning capacity of each party, and even the "fault" of the parties in certain circumstances (though WV is primarily a no-fault state).
The 30/20 Rule Formula
Attorneys in WV frequently use the following math to provide clients with a realistic expectation for monthly payments:
- Step 1: Multiply the higher earner's gross monthly income by 0.30 (30%).
- Step 2: Multiply the lower earner's gross monthly income by 0.20 (20%).
- Step 3: Subtract the Step 2 result from the Step 1 result.
West Virginia Alimony Durations
The length of time spousal support is paid typically depends on the length of the marriage. While there is no strict law, a common rule of thumb in West Virginia is that alimony may last for approximately one-half the length of the marriage. For marriages lasting over 20 years, permanent spousal support is a much more likely outcome.
Types of Spousal Support in WV
1. Temporary Support: Paid while the divorce is pending.
2. Rehabilitative Support: Designed to help the lower-earning spouse get education or training to become self-sufficient.
3. Spousal Support in Gross: A fixed total amount paid in installments or a lump sum.
4. Permanent Spousal Support: Usually reserved for long-term marriages where there is a significant income gap.