West Virginia Alimony & Spousal Support Estimator
Note: West Virginia family courts utilize wide discretion based on WV Code § 48-8-103.
Disclaimer: This tool provides an estimate based on common West Virginia benchmarks. It is for informational purposes only and does not constitute legal advice. West Virginia does not have a mandatory mathematical formula for alimony.
How Alimony is Calculated in West Virginia
In West Virginia, alimony—officially referred to as "spousal support"—is governed by WV Code § 48-8-101. Unlike child support, which follows strict state-mandated worksheets, spousal support in the Mountain State is highly discretionary. Judges look at the specific financial circumstances of both parties to determine what is "just and equitable."
While there is no fixed percentage, many practitioners use a benchmark of 25% to 30% of the difference between the spouses' gross monthly incomes as a starting point for negotiations. Our WV Alimony Calculator utilizes this common methodology to provide a baseline figure.
Types of Spousal Support in WV
- Temporary Spousal Support: Awarded while the divorce proceedings are ongoing (pendente lite).
- Rehabilitative Spousal Support: Designed to help a lower-earning spouse gain the education or training necessary to become self-sufficient. This has a specific end date.
- Spousal Support in Gross: A fixed total amount, often paid in a lump sum or over a specific period.
- Permanent Spousal Support: Usually reserved for long-term marriages (typically over 20 years) where the recipient is unlikely to achieve a comparable standard of living independently.
Factors Considered by West Virginia Judges
According to West Virginia Code § 48-8-103, the court must consider 20 specific factors, including:
- The length of the marriage.
- The time the parties lived together as a married couple.
- The income and earnings of each party.
- The distribution of marital property.
- The ages and physical/mental conditions of the parties.
- The educational qualifications of each party.
- The tax consequences to each party.
- The "fault" of the parties (adultery or desertion can impact awards in WV).
Practical Example
Consider a marriage in Kanawha County that lasted 18 years. If Spouse A earns $8,000 per month and Spouse B earns $2,000 per month, the income gap is $6,000. Using a 30% differential benchmark, the court might consider an award of approximately $1,800 per month. Depending on the judge, the duration might be set for 9 to 12 years (50% to 70% of the marriage length).